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IL defense lawyerIn the state of Illinois, a domestic battery conviction constitutes a Class A Misdemeanor. If convicted, one can face up to one year in prison and significant fines. It should be noted that a battery charge can be elevated to aggravated battery due to a number of circumstances, including if children are present or harmed, or if the person has a prior domestic battery conviction on their criminal record. Unfortunately, many people are charged with domestic battery when the law enforcement officials rush to judgment or react to a fabricated accusation. Below, we will examine some of the most common defense strategies used in domestic battery cases.

Strong Defenses in Battery Cases

Recognizing the way in which a conviction can drastically impact one’s life, hiring an attorney that will fight for your best interest is paramount in these cases. The first step an attorney will take in developing the defense case is going over the incident with you. Through answering questions, and explaining the events that lead to the incident, your attorney can develop a compelling defense case. Listed below are some of the most common defenses used to help clients avoid a conviction.

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Il defense attorneyWhen one is facing a domestic battery accusation it is entirely common to feel flustered or panicked, especially when the accusation is entirely fabricated. False accusations of domestic battery are much more common than most of us would like to assume, and these accusations can come with life-changing ramifications for the accused. Outside of the immediate legal consequences of a domestic battery conviction (which we examine further below), an accusation can impact one’s relationships and employment status. If you have been falsely accused of domestic battery, it is critically important to hire an attorney that you can believe in.

Understanding Domestic Battery in Illinois

While some people will simply shrug off a false battery accusation, due to their confidence in the accusation being proved false, it is important to understand the legal ramifications of a conviction. Here in the state of Illinois, a domestic battery conviction can come with significant jail time and monetary fines. A first-time offender is likely to face Class A Misdemeanor charges. If convicted, a Class A Misdemeanor can lead to up to one-year in prison, and fines as high as $2,500. It should be noted that there are a number of factors that can lead to a domestic battery charge being elevated to aggravated domestic battery. The most common reason for an aggravated charge is the fact that the accused has previously been convicted of a domestic crime. Other aggravating factors include the presence of children during the incident, prior conviction of a felony, or violation of an order of protection. If you are convicted of aggravated domestic battery, the charges are elevated to a Class 2 felony. With a conviction can come up to seven years in prison and fines up to $25,000. Domestic charges should be taken seriously, and it is wise to seek out the assistance of a legal professional immediately.

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IL family lawyerAccording to many studies, one in every four American women will face intimate partner violence throughout the course of their lives. In instances of domestic violence, it is critically important to act quickly to remove yourself, and any potentially endangered family members, from the harmful situation. It is not uncommon for the violence to escalate to life-threatening harm, in cases of domestic violence. Below we will examine the various types of orders of protection that a qualified attorney can assist you in securing.

Securing an Order of Protection

Once you have decided to take the steps to remove yourself from the harmful situation you were living in, your attorney will assist you throughout the entirety of the process. The first step will be to apply for an order of protection through a judge, that directs the offender to stay away. Once you have applied for the order of protection, you must prove that you are endangered by your spouse. In instances of domestic violence, a sworn statement from the victim will suffice as necessary evidence for the judge to issue an emergency order. After the temporary order has been placed, the defendant will be notified of the order, and a hearing will be held to determine whether or not the defendant will have a more permanent order (a plenary order) placed against them.

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IL family lawyerEvery single year, thousands of Americans are abused by an intimate partner. According to the National Coalition Against Domestic Violence (NCADV), one American is abused every 20 minutes, throughout the United States. Domestic abuse does not always come in the form of physical violence but can manifest through intimidation tactics, verbal abuse, and psychological belittling. If you have a loved one or friend that is facing any form of domestic abuse, it is important to contact law enforcement officials immediately.

The Long-Term Impact of Domestic Abuse

For those harmed by an intimate partner, the abuse can have life-long impacts on the mental and emotional well-being of the victim. Outside of the initial violence, victims of domestic violence are more likely to cause themselves self-harm, struggle with maintaining employment, and battle substance abuse issues. The psychological implications of domestic violence are well-documented, and every case of intimate partner abuse should be taken incredibly seriously.

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IL defense lawyerEvery year, thousands of Americans are arrested on domestic battery charges. In the state of Illinois, domestic battery is defined as the act of knowingly causing physical harm to a family or household member. A domestic battery charge can lead to potential jail time and substantial monetary fines. An aggravated domestic battery charge could result in up to seven years behind bars. If you are in the midst of a divorce, a domestic battery charge can significantly impact the well-being of you and your family. If you are accused of domestic battery, it is critically important to contact a qualified attorney, as soon as possible.

Impact on Your Family Law Case

If you are in the process of a divorce, and are accused of domestic battery, it is likely that the court’s decision will weigh the accusations heavily in their decision-making process. In a custody battle, a domestic battery charge can lead to loss of child custody and potential loss of parenting time privileges. A domestic battery charge can also impact the court’s decision on issues of property ownership and financial allocation.

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phone630-953-3000
fax844-272-5935
address2200 S. Main Street, Suite 317, Lombard, IL 60148
hoursEvenings and Weekends by Appointment