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Archive for the ‘Rolling Meadows domestic violence lawyer’ tag

How to Argue the Evidence in a Domestic Violence Case

February 5th, 2020 at 3:42 pm

IL defense attorney, IL domestic violence lawyerDomestic violence cases pose many problems for both the prosecution and defense. One of the biggest challenges that arise in these cases pertains to evidence. Domestic violence typically takes place behind closed doors in a private home. As such, they are very difficult to prove for the prosecution, and there is always a challenge for the defense when attempting to prove that something never took place. Below are a few types of evidence that the prosecution may use in a domestic violence case, and how a criminal defense attorney may argue against them.

Physical Evidence

In domestic violence cases, the prosecution will rely heavily on physical evidence. This is because juries are more likely to believe facts rather than evidence that may be clouded by a person’s own biases or opinions. For this reason, the prosecution may use photographs of the alleged victim’s injuries, or of property that was used during the alleged act.

Although this type of evidence seems very damaging at first, an experienced criminal defense lawyer will know how to argue against it. For example, injuries depicted in photographs may have been sustained in an accident and not during a crime. Property may have been damaged as a result of being dropped on the ground, and not because it was used to hit another person.

Witness Testimony from Bystanders

Testimony provided by bystanders in domestic violence cases often relies on what a person heard rather than what they saw. Domestic violence rarely occurs out in the open when people can actually see what is happening. However, a neighbor may overhear an argument that they assume is part of domestic violence. When testimony relies on what a person heard, a defense attorney can argue that the event was simply an argument and that no physical violence actually took place.

Witness Testimony from the Alleged Victim

In many cases, the alleged victim may take the stand to testify against the alleged perpetrator. This evidence can seem very damaging at first, as they will likely tell a jury their version of events, and hope to gain sympathy. A criminal defense attorney will know how to refute this testimony as well. They may submit evidence such as text messages or emails that falsely accused the defendant in the past, or other evidence that can prove these claims are false.

Testimony from Police Officer

The police officer that visited the scene at the time of the alleged crime will play a central role in any domestic violence case. The prosecution will likely call the officer to testify about their observations once they arrived on the scene. This testimony is not always as damaging as the prosecution hopes.

For example, if the alleged victim does not testify, but the officer testifies about statements the victim made, those statements could be considered hearsay. Hearsay refers to the act of one person testifying about statements another person heard. Because this is not direct, or first-hand evidence, hearsay is generally considered inadmissible in court, which means the judge will instruct the jury to disregard that evidence.

Facing Charges? Call Our Illinois Criminal Defense Attorney

It is never easy to face criminal charges, but those involving domestic violence are some of the worst. They can ruin a person’s reputation and worse for those convicted, they come with harsh penalties such as high fines and jail times. It is for this reason that if you have been accused of domestic violence, you must speak to a skilled Rolling Meadows criminal defense attorney. At the Law Offices of Christopher M. Cosley, our attorney has the necessary experience to defend against these charges and give you the best chance of beating the charges. Call us today at 847-394-3200 to schedule your free consultation.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=59&ActID=2100

What Are Defenses to Domestic Violence in Illinois?

August 21st, 2019 at 9:53 am

IL defense attorney, IL domestic violense attorney Domestic violence is a problem in Illinois and all across the country. As such, the states have enacted strict laws to protect victims of domestic violence. In Illinois, one such law is the Illinois Domestic Violence Act of 1986. This law allows protections and remedies for victims, but sometimes it is used inappropriately. Not everyone accused of or charged with domestic violence is guilty. Unfortunately, even when that is the case, juries tend to sympathize with the victim.

For this reason, anyone facing charges must speak to a Rolling Meadows domestic violence attorney that can build them a solid defense. Some of the defenses most commonly used in domestic violence cases are below.

Self-Defense

Self-defense is one of the most common defenses used in domestic violence cases. Sometimes two people in a household may argue to the point that one becomes aggressive and violent. Even if they do not physically touch the other person, they may throw things or otherwise threaten harm. When this is the case, Illinois law allows a certain amount of force if you are defending yourself or your property. As such, self-defense is a very solid argument for domestic violence charges.

Being Falsely Accused

Arguments in a household can become very heated. Sometimes, they become so heated that one party becomes revengeful and wants to hurt the other person, not physically, but with other consequences. They may call the police and allege domestic violence is taking place. Or, one party may have thought the other was becoming violent when they were not. Again, if the police are called, they may lay domestic violence charges even if the situation had not become violent.

Domestic violence cases are often a case of one person’s word against another’s. These situations tend to happen behind closed doors and with no witnesses. Due to this, it becomes very difficult to determine who is telling the truth. Law enforcement, juries, and judges may automatically favor the victim. For this reason, it is important to raise arguments that contradict the accuser’s story. Perhaps the accused was not even present in the home, or maybe the victim’s story is inconsistent. These arguments raise a good defense in domestic violence cases.

Lack of Proof

In order for the prosecution’s case to be successful, they must present sufficient proof that domestic violence took place. In criminal cases, the prosecution has a very strict burden to prove the defendant guilty beyond a reasonable doubt. Again, because domestic violence often takes place behind closed doors, this is difficult. The victim’s word is not enough to garner a conviction.

Charged with Domestic Violence? Call a Rolling Meadows Criminal Defense Attorney for Help

If you are facing charges of domestic violence, you likely feel as though the situation is hopeless. It is not. There are many defenses available to these charges, and a skilled Rolling Meadows criminal defense attorney can help you determine which one is right for your case. At the Law Offices of Christopher M. Cosley, we know that not every argument is a case of domestic violence, and we are committed to helping those that are innocent retain their freedom. Call us today at 847-394-3200 for your free consultation so we can start reviewing your case.

 

Source:

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

Domestic Violence and Protective Orders in Illinois: A General Overview

October 9th, 2017 at 9:32 am

domestic violence, protective order, restraining orders, Rolling Meadows domestic violence lawyer, domestic batteryProtective orders (also commonly referred to as restraining orders) are civil orders designed to protect alleged domestic violence victims (and sometimes their family members as well) against future abuse. Under the Illinois Domestic Violence Act courts in Illinois are permitted to issue a protective order if any of the following types of domestic violence has likely been perpetrated against the requesting petitioner, or their minor child, by a family or household member:

  • Physical abuse,
  • Harassment,
  • Intimidation of a dependent,
  • Interference with personal liberty, or
  • Willful deprivation.

Who Qualifies as a “Family or Household Member?”

It is important to note that in Illinois a domestic violence protective order can only be issued if the alleged abuser is a family or household member of the petitioner. Code section 750 ILCS 60/103(6) defines “family or household member” as:

  • A former or current spouse,
  • A parent,
  • A child or stepchild,
  • Someone related to the petitioner by blood or marriage (either present or prior),
  • Someone whom the petitioner currently (or formerly) lives with,
  • Someone the petitioner allegedly shares a child in common with,
  • Someone the petitioner shares (or allegedly shares) a blood relationship with through a child,
  • A former or current boyfriend, girlfriend, or fiance, or
  • A disabled petitioner’s personal assistant or caretaker.

What am I Prohibited From Doing if a Protective Order is Issued Against Me?

In Illinois we have three different types of domestic violence protective orders. These include emergency protective orders, interim protective order, and plenary protective orders. The key difference between these orders is the duration for which they can be in effect. Yet while in effect they can all prohibit alleged abusers from engaging in the same actions. It is up to the issuing judge to determine the provisions of a particular protective order but some commonly included provisions are:

  • No harassing, stalking, abusing, or intimidating the petitioner,
  • No contacting the petitioner,
  • No coming within a specified distance of the petitioner, the petitioner’s home, or the petitioner’s place of work, and
  • No possessing firearms.

How Can I Fight a Protective Order?

If you have been served with a protective order, then the first step that you need to take is to stay calm. Do not lash out at the person who served you and definitely do not contact the person who requested a restraining order against you.

What you should do is read through the order and make sure to fully abide by every provision contained in it. Now you are ready to fight the order, if you wish to do so. This can most effectively be accomplished by consulting with a local domestic violence lawyer, although you can technically oppose the order on your own if you like.

In either instance, fighting a protective order generally involves filing a response with the court, gathering evidence in your defense, and appearing in court in order to tell your side of the story.

Consult With a Local Domestic Violence Lawyer

If you have been accused of committing domestic battery or have had a protective order issued against you in Illinois contact The Law Offices of Christopher M. Cosley straight away.

Christopher Cosley is a very well respected Rolling Meadows domestic violence lawyer who has extensive experience defending clients throughout the greater Chicago area. Don’t hesitate to contact the office today for help.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2100&ChapterID=59

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