Criminal Defense Attorneys
Domestic Violence Lawyer Illinois
Domestic Violence Lawyer in Illinois. Being accused of domestic violence can have an enormous impact on your reputation and freedom. Because of the nature of the charges, many people take an accusers side before knowing all the facts, and “innocent until proven guilty” seems not to apply. At Drummond Law, our domestic violence lawyer team believes that everyone has a right to a fair trial and expert legal representation, regardless of the nature of the charges. We use our knowledge, dedication, and decades of legal experience to fight for you and develop a successful defense strategy. Call a Drummond Law Illinois domestic violence layer today at 217-388-1103 or contact us online to preserve your future and freedom.
Domestic Violence Offenses in Illinois
Domestic violence is a broad term that encompasses a range of crimes that one can be accused of. According to 725 ILCS 5/112A-3, for an act to be considered domestic violence, it must be carried out against:
- Spouses or former spouses
- Parents, children or stepchildren
- Other family members in the household by blood or through a prior marriage
- People who live or used to live with each other
- People who are or were dating or engaged
- People who have children together
- People with disabilities by their personal assistants
Domestic abuse can include:
- Physical abuse, including:
- Assault or battery
- Child abuse (not including “reasonable direction” of a minor by a parent or guardian)
- Sexual abuse
- Physically restraining someone
- Intentional sleep deprivation
- Reckless conduct which creates an immediate risk of physical harm
- Willful deprivation
Domestic Battery in Illinois
Domestic battery is one of the most severe domestic violence charges. It occurs when someone purposefully and without legal justification causes bodily harm or makes physical contact in “an insulting or provoking way.”
The penalties for domestic battery are laid out in 720 ILCS 5/12-3.2. It is generally a Class A misdemeanor, which carries up to a year in jail and a fine of up to $2,500. It can become a Class 4 felony if it is not the first offense or if they violated or protective order. That would mean up to 6 years in jail and a fine of up to $25,000.
Aggravated domestic battery is when the victim sustains great bodily harm, permanent disability or disfigurement or is strangled. That is a Class 2 felony which carries up to 14 years in prison.
Interfering with Reporting of Domestic Violence in Illinois
Under 720 ILCS 5/12-3.5, you can be charged with a Class A misdemeanor if you prevent the alleged victim from getting medical treatment, calling 911 or otherwise reporting to an Illinois law enforcement official.
Violation of a Protective Order in Illinois
In Illinois, someone can get a protective order against you without needing to prove you are guilty of domestic violence. That means that the court can order you not to come close to the other person or contact them. Pursuant to 720 ILCS 5/12-3.4, you could be charged with a Class A misdemeanor if you violate that order.
Illinois courts typically show little leniency, aggressively prosecute and hand down harsh sentences in domestic violence cases. That’s why you need an aggressive domestic violence lawyer defense team in your corner to fight on your behalf and preserve your rights and freedom. Your Drummond Law Illinois domestic violence lawyer will thoroughly investigate your case passionately and zealously defend you in court.
How to Defend Against Domestic Violence Charges in Illinois
The public or people you know may make assumptions once you’ve been accused of domestic violence, but you still have a right to defend yourself in court, and the prosecution still has to prove the claim beyond a reasonable doubt. It’s essential to be honest with your Illinois domestic violence lawyer about the incident so they can build the best defense. Some effective defense strategies for domestic violence are:
- Self-Defense or Defense of Others
Illinois law allows for the use of force to defend a person, as long as the amount of force you use is not greater than the amount of force you reasonably feared would be inficted on you or another (you can’t shoot someone if you think they’re going to slap you). If you were afraid for someone’s physical safety, it will help your domestic violence lawyer build a convincing case to a judge or jury.
- False Allegations or a Changing Story
There are many reasons a family member may falsely accuse you of domestic violence: They may be trying to influence divorce or child custody proceedings, are getting revenge for a perceived slight or are even trying to maintain their permanent resident status after a divorce. Your Drummond Law domestic violence lawyer in Illinois will be able to secure you a not guilty verdict if their story keeps changing or some of their allegations are demonstrably false, such as if you had an alibi.
- The Physical Evidence Doesn’t Add Up
Disputing physical evidence is an incredibly effective way your domestic violence attorney can challenge the accuser’s claims and show that the allegations can’t be proven beyond a reasonable doubt. Some examples include:
- The police noting that there were no signs of physical struggle in the home
- The accuser not having evidence of injuries
- No injuries on you, for instance a lack of scratch marks or lack of abrasions on your knuckles if they say they punched you
- Your fingerprints are not on any items you allegedly used in the incident
- The accuser’s medical records are not consistent with how they allege they received the injuries
- The Incident Doesn’t Constitute Domestic Violence
- Errors in Police Work
Co-habitants, family members, exes and parents who have a child together can get into heated arguments. While yelling or punching a wall was not your proudest moment, it’s only illegal if you threatened bodily harm. Your domestic violence lawyer may very well be able to convince an Illinois judge to throw out your case if the accusations do not amount to a crime.
If the police did not follow proper procedure and violated your rights, certain evidence cannot be used or your entire case may be invalid. For example, if you weren’t read your Miranda Rights, any statements you made to police will not be permissible as evidence in court.
Initial domestic violence hearings usually occur between 10 and 30 days after a complaint is filed. That means it’s vital to reach out to an Illinois domestic violence lawyer right away if somebody accuses you of domestic violence. We are available 24/7 and are ready to start working on your case immediately to build the best possible defense.
Illinois Domestic Violence Lawyer | Drummond Law
Being charged with domestic violence is serious, and you need an Illinois domestic violence lawyer defense team that is serious about delivering justice and ensuring the freedom and rights of our clients is preserved. Call a Drummond Law Illinois domestic violence layer today at 217-388-1103 or contact us online for a free consultation and the best possible outcome in your case.