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DuPage County criminal defense attorney domestic abuse

The COVID-19 crisis has been a global emergency, leading to hundreds of thousands of deaths and millions of hospitalizations in the United States alone. In addition to creating health concerns, the pandemic has affected many other aspects of our lives. The ongoing upheaval people are experiencing has led to concerns about increases in the rates of domestic violence. Those who have been accused of committing these types of crimes will want to work with a criminal defense attorney to understand the nature of the charges they may face and their best strategies for defense.

Domestic Violence During the Pandemic

While the COVID-19 pandemic has had a major impact on everyone’s lives, its full effects will probably not be understood for at least several years. Advocates have raised concerns about the possibility that domestic violence may increase due to a variety of factors. Financial stress due to job losses, as well as difficulties dealing with issues such as school closures, have caused increased tension in some households. Disagreements between spouses, partners, or other family members may get out of control, leading to claims that one person has committed acts of assault or abuse. In addition to these concerns, requirements to stay at home and avoid social gatherings may have isolated some victims of abuse, leaving them with few options to leave a dangerous situation. 

While hard data showing whether domestic violence has increased during the pandemic has not yet been compiled and analyzed, some studies have indicated that instances of violence have been on the rise. Calls to the Illinois domestic violence hotline have increased, with the largest number of calls occurring during the stay-at-home order that took place between March and May of 2020, as well as in the month after the order was lifted. However, some studies have shown that the rates of domestic violence as a whole in the United States have fallen by 50 percent during the pandemic, although some advocates believe that this is because victims are not reporting incidents or are unsure about the resources that are currently available to them.

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DuPage County criminal defense attorney domestic abuse

Domestic disputes are an unfortunate reality of many people’s lives. Spouses, romantic partners, parents, children, or other family members often get into arguments, and these sometimes escalate to the point where one or more of the people involved do not feel safe. This has become even more of a concern during the COVID-19 pandemic, since many families have been required to remain at home to prevent the spread of infection, and this close, constant proximity may lead to increased tensions between family members. When this is added to stress from the loss of a job, the requirement to provide childcare for children who cannot physically attend school, and other factors, it is no surprise that the rates of domestic violence have increased during this public health crisis.

An accusation of domestic violence can affect a person’s life in a variety of ways. In addition to potential criminal charges, an order of protection may also be issued, and this can have far-reaching consequences on the life of the accused, as well as other family members. It is important to understand how Illinois law approaches domestic violence and the steps a person can take to defend against these types of allegations.

Criminal Charges: Domestic Battery and Aggravated Domestic Battery

Accusations of domestic violence do not always lead to criminal charges, but when they do, the specific crime that a person may be charged with is known as domestic battery. This crime is typically charged if a person is accused of knowingly causing bodily harm to a family member or a person in one’s household. However, it can also apply in cases involving “physical contact of an insulting or provoking nature,” which may include slapping, shoving, or simply poking a finger in someone’s chest. 

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domestic abuse, domestic violence, Wheaton criminal defense lawyer,  domestic violence dispute, order of protectionCell phones have become a staple in our daily lives. We scroll social media, check bank accounts, and send business emails—even when we are in our homes with our families and sitting on the couch. Moreover, cellular devices are extremely helpful in emergency situations, enabling those in danger to contact someone able to help.

For victims of domestic abuse, cell phones may be their only chance at getting to safety. Illinois enacted a new law this year which will have a direct impact on the cell phone bill of anyone involved in a domestic violence dispute.

The New Law

According to the new law that went into effect as of January 1, 2018, anyone approved with an order of protection from a judge can separate their cell phone account from their accused abusers. During the petition for the court order, an alleged victim can request the service. Once approved, the court clerk will then contact the service provider directly, requesting the transfer of that phone number into the victim’s name, free of charge. The request may include any of the children’s phone lines, as well. The provider then has 72 hours to respond to the request. This law is a massive victory for those victims in real danger. Previously, these individuals needed to go to the cell phone company directly and explain their story to yet another stranger, only to discover that transferring the numbers would be costly.

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domestic violence, domestic abuse, sexual assault, physical abuse, DuPage County criminal defense lawyersDomestic violence is a serious crime that can severely damage relationships with family, friends, significant others, and spouses. If you are convicted of domestic violence, you will face consequences that could destroy your quality of life—you may have a more difficult time obtaining employment, and may not be able to have contact with those whom you love.

Definition of Domestic Violence

Domestic violence occurs when a person knowingly causes bodily harm to any family or household member or makes physical contact of an insulting nature with any family or household member.

When a person is charged with domestic violence, he or she will face a Class A misdemeanor. If the offender has been previously convicted of domestic violence, then he or she will be charged with a Class 4 felony.

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Wheaton domestic violence defense attorney, Illinois Domestic Violence ActDomestic violence is a silent epidemic running rampant in our country. In Illinois alone, over 65,000 cases of domestic violence were reported in 2014. However, many of these cases were falsely reported to obtain other goals of the accuser. In other incidents, the information was embellished, creating harsher penalties than necessary. Accusations of this magnitude are life-altering upon conviction. The Illinois Domestic Violence can work for you or against you, depending on your defense strategy.

What is the Illinois Domestic Violence Act (IDVA)

The Illinois Domestic Violence Act (IDVA) was created in 1986, starting a new era in the world of domestic relations. The IDVA regulation defines the terms of domestic abuse, explains to whom it relates, and outlines law enforcement actions to protect victims. Consider the following specifications:

  • Who: Domestic abuse pertains to spouses and former spouses, children, parents, roommates, anyone with a past romantic relationship, people with disabilities, and those who are thought to have a child in common.
  • Behavior: Abuse is physical violence, harassment, forcing someone to watch the violence, forcing someone to do what he or she does not want to do, or denying care to someone unable to do care for him or herself.
  • Officer Reaction: Officers are not obligated to make an arrest but given probable cause to believe violence occurred, the preferred result is an arrest.

Possible Defensive Options

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