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Archive for the ‘Illinois domestic violence laws’ tag

Understanding Domestic Battery in Rolling Meadows

January 18th, 2019 at 10:16 pm

domestic -batteryPeople that live in the same house and are in close relationships sometimes fight and argue. Most often these arguments are vocal, with those involved saying things they did not mean before quickly forgiving each other. Sometimes though, these arguments turn into much more. When that happens, and an argument turns violent, it could result in a domestic battery charge.

It is natural for those charged with domestic battery to be confused about the charges. What exactly does a domestic battery charge involve? What penalties could a person be facing? Here domestic battery in Rolling Meadows is broken down, so anyone charged can understand what they are facing, and get the legal help they need.

The Legal Definition of Domestic Battery

Under Illinois statute 720 ILCS 5/12-3.2, domestic battery is defined as causing bodily harm to a person in the same household. Making physical contact with another person in the household can also be considered domestic battery if that contact can be considered provoking or insulting in nature.

The statute states that the individuals involved in a domestic battery case must be living in the same household. However, the Illinois Domestic Violence Act defines others that may be involved in a domestic battery case as well. These individuals include:

  • Spouses, including ex-spouses;
  • People in a romantic relationship or that were previously in a romantic relationship;
  • Parents and children, including stepparents and stepchildren;
  • Couples that have a child together;
  • Blood relatives to a child;
  • Current or former roommates; and
  • Adults and their caregiver.

Under this definition, a person can be accused of domestic battery if they engage in acts of physical violence with family members, those they live with, or those they have a close relationship with.

Penalties for Domestic Battery

Domestic battery is considered a Class A misdemeanor. If convicted, a person could be sentenced to up to one year in jail and a fine up to $2,500 for a first offense. Those with previous domestic battery convictions could be charged with a Class 4 felony. This could result in a fine of up to $25,000 and up to three years in jail.

The penalties for a domestic battery charge are severe. Even worse, a domestic battery conviction will remain on a person’s criminal record for the rest of their life. For these reasons, it is crucial that anyone charged with domestic battery understand the defenses that can be used.

Defenses for Domestic Battery

Self-defense is one of the most common defenses used in domestic battery cases. Sometimes arguments become very heated, and one person may try to strike, kick, or otherwise physically injure someone. When this is the case, and the person being injured used reasonable force to defend themselves, it may not be considered domestic battery.

In other cases, a person falsely accuses another person of domestic battery. People sometimes feel resentful or revengeful after a dispute and so, they accuse a person of domestic battery when it simply did not happen. In the best of these instances, a person will often decide to not pursue charges. If the police have already been involved though, that may not be a possibility.

Contact a Rolling Meadows Criminal Defense Lawyer

Domestic battery charges should always be taken very seriously. Being convicted of this crime can result in jail time, high fines, and a permanent criminal record.

If you have been charged with domestic battery, contact the Law Offices of Christopher M. Cosley at 847-394-3200 and speak to a skilled Rolling Meadows criminal defense attorney today. An attorney will review your case, help prepare your defense, and make sure your rights are upheld in court. Call us today for your free consultation.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.2

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100

False Accusations of Domestic Violence: False Claims of Stalking and Harassment

September 21st, 2015 at 7:23 am

Illinois domestic violence attorney, Illinois defense lawyer, Illinois criminal lawyer,Some instances of domestic violence are actually based on fact. One person in the relationship is overly jealous, jilted or has other issues that make them a violent person, and they act out against their spouse, significant other or partner in a physically abusive, controlling, or manipulative way. But there are many cases where allegations of domestic violence are false, and when false allegations of domestic violence are made, it can have serious impacts on the life of the person who stands accused.

When presented with the idea of domestic violence, many people automatically think of domestic battery, where one spouse, significant other or partner physically abuses the the other person in the relationship. But domestic violence can also include stalking and harassment.

Stalking

For example, stalking is considered a form of domestic violence because stalking occurs when one person (i.e., the alleged stalker) knowingly acts in a way towards another (i.e., the alleged victim) that makes the alleged victim scared for their safety. Stalking is codified in 720 ILCS 5/12-7-3.

Allegations of stalking arise often in situations where a couple is in the process of breaking up or trying to make up, or where one person in the relationship wants to reconcile while the other does not. But there are many instances where an alleged “victim” claims he or she is being stalked, when the actions of the alleged “stalker” do not rise to the level where a reasonable person would fear for their safety.

Defending against stalking allegations requires the skills of an experienced domestic violence criminal defense attorney who can analyze the facts, interview the alleged “victim” and get down to the reasoning behind making the allegations in the first place. Then the victim’s logic for making stalking allegations can be compared to what a reasonable person would have done or felt in the same situation. When a reasonable person would not have felt threatened or afraid, the stalking charges cannot stand.

Harassment

Harassment by telephone is another common form of domestic violence that may arise when one person repeatedly makes threats, exacts verbal abuse, makes obscene comments and other forms of harassment using a telephone. But the medium through which the harassment is communicated has been expanded to include electronic communications, text messaging and social media platforms. Harassment by telephone is codified under 720 ILCS 5/26.5-2.

Allegations of telephone harassment, and harassment through other forms of communication, are frequently seen in breakups where one party is still trying to reconcile the relationship. The person trying to reconcile might call the other repeatedly, trying to get in touch with them, but to no avail.

There may be other reasons the alleged “harasser” is calling. Perhaps the couple shares a child and one is calling about support for the child, but the other is deliberately ignoring their calls. Or a recently split couple may have to deal with the fallout of their break up, such as moving out, splitting assets and property or resolving other issues associated with the dissolution of their relationship. If the alleged “harasser” is merely acting responsibly by trying to elicit collaboration to tie up the loose ends of their break up, it is hardly harassment when the other party is being uncooperative and unresponsive by not answering the phone or other forms of communication.

Call the Law Offices of Christopher M. Cosley

If you stand falsely accused of domestic violence, such as stalking or harassment, you need to aggressively fight the charges against you. Please contact a passionate Rolling Meadows domestic violence defense lawyer immediately. Call the Law Offices of Christopher M. Cosley at (847) 394-3200 to speak with a skilled attorney.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-7.3

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K26.5-2

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