The Truth About Domestic Violence Charges in Chicago
Let’s start with the hard facts. Domestic violence charges are extremely serious – we‘re talking potential felonies that can land you behind bars and destroy your reputation. But here’s the thing: false allegations happen more often than you’d think, especially in heated situations like divorce or custody battles.We get it, this is an incredibly stressful situation. You’re probably feeling a whirlwind of emotions – anger, confusion, maybe even some embarrassment. Take a deep breath. We’re here to lay out all your options and fight tooth and nail to protect your rights.
What Exactly Constitutes Domestic Violence in Illinois?
Under Illinois law, domestic violence falls under the umbrella of domestic battery. This covers any physical abuse, harassment, intimidation or willful deprivation inflicted on a:
- Spouse or former spouse
- Family member by blood or marriage
- Person you’re dating or used to date
- Person with a disability
- Person you live with or used to live with
Even if there was no physical violence, you can still be charged with domestic battery for making physical contact in an “insulting or provoking nature.” Yelling and shoving could potentially qualify.The penalties get more severe if there are prior convictions or certain aggravating factors like use of a weapon or harm to a child. What may have started as a misdemeanor can quickly escalate to a felony [
Why You Need a Top Chicago Domestic Violence Lawyer
Here’s the brutal truth: prosecutors tend to be overzealous when it comes to domestic violence cases due to pressure from politicians and advocacy groups. They often pursue charges even when the alleged victim recants or expresses a desire to drop the case.That’s where a skilled Chicago domestic violence attorney from Legal Group can make all the difference. We know how to poke holes in the prosecution’s case by:
- Highlighting inconsistencies in testimony or evidence
- Arguing self-defense or defense of others
- Showing a lack of evidence or proof
- Exposing false allegations and malicious motives
- Negotiating to have charges reduced or dismissed
A domestic violence conviction, even a misdemeanor, can have devastating ripple effects like:
- Difficulty finding employment or housing
- Loss of child custody or visitation rights
- Revocation of firearm permits
- Immigration issues for non-citizens
- Permanent criminal record
Don’t take that risk. Hire a Chicago domestic battery defense lawyer who will use every tool at their disposal to avoid a conviction and clear your name.
What to Do If Falsely Accused of Domestic Violence
Step 1) Don‘t speak to anyone, even the alleged victim, about the incident. Anything you say can potentially be used against you.Step 2) Avoid all contact with the accuser per the conditions of bail/bond. Violating an order of protection is its own criminal offense.Step 3) Hire legal counsel immediately. Don’t even think about representing yourself – the stakes are too high.Your domestic violence defense attorney in Chicago will start building a comprehensive defense strategy by:
- Interviewing witnesses
- Reviewing police reports for inconsistencies or bias
- Gathering evidence like texts, emails, photos, etc.
- Investigating the accuser’s potential motivations or reasons to lie
- Preparing you and your witnesses to testify persuasively
We understand how traumatic and unfair false allegations can feel. But with the right legal team on your side, you can fight back.
What If There’s an Order of Protection?
Orders of protection, also called restraining orders, frequently get issued in domestic violence cases. They legally require you to:
- Avoid any contact or communication with the alleged victim
- Stay away from their home, workplace, etc.
- Move out of a shared residence
- Potentially give up custody of children temporarily
Violating any term of an order of protection is a Class A misdemeanor for first offenses. Subsequent violations become felonies [While orders of protection are designed to prevent further harm, they are often used as a tactic to gain leverage in divorce/custody cases. Your Chicago criminal defense lawyer can request to have the order lifted or modified if it was issued improperly or unfairly.
Defending Against Domestic Battery Charges
Every case is unique, but some of the most common defenses include:
Self-Defense/Defense of Others
If you reasonably believed you or others faced an imminent threat of harm, you may have legal justification for using force. This covers protecting yourself, your children, or a third party.
Lack of Evidence
Without sufficient evidence or proof that a crime occurred, the case should be dismissed. This could involve conflicting testimony, lack of witnesses, no visible injuries, etc.
Fabricated Allegations
Sadly, some people do make false allegations out of anger, jealousy or to gain an upper hand in divorce/custody battles. An attorney can help expose their malicious motives.
Mental Illness/Intoxication of the Accuser
If the accuser has a history of mental health issues or was intoxicated during the incident, it could call their credibility and perception into question.
Parental Discipline
Parents have a legal right to use reasonable corporal punishment and discipline against their children in Illinois. The line can become blurred in some cases.
Violation of Your Rights
If law enforcement violated your rights (illegal search, coerced confession, etc.), an experienced lawyer could get the case thrown out.The key is building a strong, fact-based defense tailored to the specific circumstances. Don’t rely on a public defender – your future is too important.
Skilled Representation from Top Chicago Criminal Lawyers
We understand how devastating domestic violence charges can be, even if you’re 100% innocent. That’s why we leave no stone unturned in aggressively defending our clients.Our founding partner has over 15 years of experience handling these highly sensitive cases. He takes a comprehensive approach by:
- Carefully interviewing you to understand every detail
- Launching a full investigation into the allegations
- Identifying and interviewing every potential witness
- Examining all evidence, reports, and documentation
- Crafting a customized defense strategy for your case
- Negotiating with prosecutors to reduce or dismiss charges
- Preparing thoroughly for any hearings or trial proceedings
We also have working relationships with respected psychologists, private investigators, and other experts who can further strengthen your defense.
