Chicago Domestic Violence Lawyer
What Constitutes a Domestic Violence Charge in Chicago?
In Illinois, domestic violence charges can stem from physical abuse, sexual abuse, spousal abuse, emotional abuse, verbal abuse, willful deprivation, and any other type of mistreatment of a blood relative or a family member.
A conviction for a domestic violence charge can have severe repercussions, and the severity of potential penalties should not be ignored by anyone who is currently facing such charges.
Hiring a criminal defense attorney experienced in Illinois domestic violence laws is imperative to avoid facing long-term consequences.
A reputable Chicago domestic battery lawyer such as Attorney Mitch Furman, can build a strong defense strategy by gathering evidence, discrediting false allegations, and minimizing the impact on one’s life.
Top Domestic Battery Lawyer in Chicago
Attorney Mitch Furman has been handling the complexities of Illinois domestic violence laws for over 20 years. During his tenure as Chicago’s top criminal defense lawyer, he provided legal representation and has litigated hundreds of criminal charges involving domestic violence to a successful resolution.
If you or someone you know has been accused of committing a domestic violence criminal offense, it’s imperative to employ the services of an experienced Chicago-based domestic violence defense attorney to help in your case.
At the Chicago domestic violence law firm of Mitch Furman, our seasoned attorneys can help you be vindicated when facing domestic battery cases and dealing with restraining orders or orders of protection implications.
Understanding Domestic Battery Charges in Illinois
In Illinois, domestic battery is considered a domestic violence-type offense. To sustain a conviction for domestic battery, the prosecutor must prove that the defendant, knowingly and without legal justification, made physical contact of an insulting or provoking nature or caused bodily harm to any family or household member.
Being familiar with the legal consequences of a domestic battery charges is imperative to protect one’s personal liberty. It is important to understand that to prove the elements beyond reasonable doubt and to sustain a conviction for domestic battery; the prosecutor needs only to show that the defendant unlawfully touched a family member.
The actual physical harm that the victim may have sustained goes to the aggravating factors for sentencing purposes and is irrelevant for sustaining a conviction.
A person convicted of domestic battery may face jail or prison time. Additionally, a conviction for domestic battery may hinder them from being eligible for specific jobs, obtaining gainful employment, owning guns, and carrying the lifelong stigma of having a permanent public record.
Acquiring help from an attorney who understands these laws is critical for anyone facing allegations of domestic violence cases.
Domestic Violence and Illinois Domestic Violence Act recognizes this crime by providing additional protection to its victims against any form of interference when trying to report domestic abuse, preventing them from making calls to 911, and obstructing when filing reports to law enforcement authorities.
What Constitutes Domestic Battery
A misdemeanor domestic battery charge is different from a simple battery case in that it involves physical violence against persons who are “family or household members.”
Illinois domestic battery law defines a “family or household member” as any individual related by blood, marriage, or adoption. It includes persons who are dating or have dated one another in the past or have shared the same dwelling.
The presumption under the law is that such individuals are deemed vulnerable to abuse and can often become domestic violence victims.
Domestic Violence Cases
In Illinois, the consequences of a domestic battery conviction can range from fines and mandatory counseling to jail time and even land you in state prison.
The most extreme penalty associated with domestic violence is a Class 2 felony. This type of offense carries longer potential prison sentences (up to seven years) than those levied for misdemeanors.
The accused should seek advice from an experienced domestic violence attorney in order to build up their defense against these serious accusations.
Domestic Battery Consequences in Illinois
In Illinois, Domestic Battery is codified under Section 720 ILCS 5/12-3.2 and is a Class “A” misdemeanor. It is punishable by up to a year in prison, a fine of up to $2,500, or both.
If the defendant has a prior domestic battery conviction, he or she can be charged under the Class 4 felony statute.
Additionally, if the defendant has three or more domestic violence charges that resulted in a conviction, either in this or another state, then they can be charged under Class 3 felony.
Aggravated Domestic Battery Consequences in Illinois
In Illinois, aggravated domestic battery is a Class 2 felony codified under Section 720 ILCS 5/12-3.3. It is punishable with imprisonment of up to 7 years, fines of $25,000.00, or both.
These charges are applicable in instances where, during the commission of domestic battery, an individual chokes another person or inflicts great bodily harm, resulting in physical disability or disfigurement.
It should also be noted that once an individual is convicted of domestic battery or aggravated domestic battery, the conviction cannot be expunged or wiped off a person’s criminal record.
Navigating False Domestic Violence Allegations
False claims of domestic battery can have a drastic impact. Having experienced Chicago domestic violence lawyers on your side will help you understand the legal proceedings and prove that those accusations are not valid.
In many instances, a family member will strategically make use of these types of allegations during family law conflict or divorce proceedings against the other party involved, alleging domestic abuse or battery charges.
These tactics are often prevalent during a contested divorce process when one of the litigants will attempt to gain an advantage in child custody disputes by falsely alleging incidents of child abuse or neglect in an attempt to leverage their position in the divorce or custody proceedings.
To negate such allegations, it’s important to find facts that support one’s stance while disproving any false claims. This may include looking for witnesses’ verbal accounts, gathering physical evidence, and gathering documented proof like texts or emails.
Having proper guidance from a qualified domestic violence attorney is critical when dealing with false charges and can provide invaluable advice by thoroughly examining each element, discrediting unsupported theories.
The Importance of Hiring a Domestic Battery Attorney in Chicago
Finding an experienced domestic violence lawyer in Chicago is critical for constructing an effective defense, dealing with domestic violence allegations, and mitigating the effect on your life.
Having a Chicago Premier domestic violence defense lawyer who handles and understands these types of charges can provide ample time to arrange a solid strategy and defense.
Building a Strong Defense Strategy
Our team of domestic violence lawyers will use a defense strategy geared toward the particulars of every case. We will collect data and question the prosecution’s claims that our client committed the crime.
Some of our tactics include discussing terms for dropping the domestic violence charge, demonstrating the absence of corroborating evidence, and underlining any other problems that could arise within the prosecution’s case.
Through a thorough cross-examination, we can demonstrate falsehood in the alleged victim’s testimony and raise reasonable doubt in their version of events presented to police officers.
While developing an effective plan to protect clients’ rights, our attorneys focus largely on gathering witness statements, medical records, and other relevant information while initiating talks about dismissal or reduction in punishment.
Orders of Protection and Their Implications
It is essential for those affected by Orders of Protection in Illinois to have a complete understanding of the implications these legal directives can bring.
These orders are court-mandated and can result in serious legal consequences if violated. Those often include criminal charges, monetary penalties, or even jail time.
Types of Orders of Protection
In the state of Illinois, there are three types of Orders of Protection: Emergency, Interim, and Plenary. The duration for each varies.
An Emergency Order of Protection lasts between 14 and 21 days, while an Interim Order of Protection may be in effect for up to 30 days.
In contrast, a Plenary Order of Protection is mostly valid for up to two years.
Consequences of Violating an Order of Protection
In Illinois, violating an order of protection can result in serious criminal charges and penalties, such as fines of up to $2,500 for a first offense.
Jail time may be imposed, and it could last from one month to many years, depending on the number and magnitude of violations committed by the offender.
The court might also impose probation or require counseling sessions
If you are facing a domestic violence charge or are subjected to a restraining order proceeding, call Law Offices of Mitch Furman, today for a free consultation and an evaluation of your case.
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