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DuPage County domestic violence charges defense lawyerDomestic violence is a crime that Illinois courts take very seriously. Even if you did not actually commit the act of domestic violence, these charges can be detrimental to your life and your reputation. If you have an order of protection against you, it could make your life extremely difficult. There are many things that an Illinois order of protection can order you to do or prohibit you from doing. It is important to understand what orders of protection mean for you if you are facing Illinois domestic violence charges.

What is Domestic Violence?

According to the Illinois Domestic Violence Act of 1986, domestic violence is when any family or household member commits any act of abuse toward another family or household member. Family or household members include:

  • Spouses or former spouses;
  • Parents, children and stepchildren;
  • Former or current housemates;
  • Former or current dating or engaged couples;
  • People with a child in common; and
  • People with disabilities and their caregivers.

Acts of abuse include:

  • Physical abuse, such as hitting, pushing, shoving, biting or others;
  • Harassment, such as following you, creating disturbances at your school or work, or preventing you from seeing your child;
  • Forcing you to do something you do not want to do; or
  • Forcing you to have sex.

Effects of Orders of Protection

If an order of protection is entered against you, there are certain things that the order can require you to do and prohibit you from doing. These things can include:

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IL defense lawyerEstimates suggest there are anywhere from 2 million to 4 million domestic assaults on women each year in the United States. That wide estimate range is due to the fact many cases go unreported. Violence involving current or former partners occurs in every age, racial, religious, and socioeconomic group. Unfortunately, many individuals are wrongly accused of domestic violence because they are in the midst of contentious divorce or family law proceedings. While domestic violence orders of protection are meant to help victims or potential sufferers, a vindictive former partner can also weaponize them in an attempt to sway the tone and eventual decisions in litigation.

If you are falsely accused of domestic violence, immediately contact a skilled criminal defense lawyer who can serve as your advocate and ensure the truth is not drowned out by false allegations.

Domestic Violence in Illinois

In Illinois, police strive to protect victims of domestic violence, which according to legal statute may be perpetrated by:

  • Family members related by blood;
  • Current and former spouses;
  • Parents, children, and stepchildren;
  • Individuals who formerly shared the same residence;
  • Persons currently in a relationship with or who previously dated or were engaged to the victim; and
  • Disabled individuals and their personal assistants.

Domestic Violence Charges

Domestic battery is that which causes bodily harm or involves physical contact to provoke or insult any family or household member. It is charged as a Class A misdemeanor, punishable up to a year in jail and fine of $2,500. It escalates to a Class 4 felony if there is a previous conviction for domestic violence, violation of a protective order, or various other violent offenses. It can be charged as a Class 3 felony if a person has three prior convictions, or a Class 2 felony for four or more.

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DuPage County criminal defense attorneyDomestic violence continues to be a topic that is difficult for many people to talk about, which works in favor of the accused if the person making such allegations chooses not to spread potentially inaccurate details. However, when an accusation is made public, the ramifications can be life-altering and can potentially devastate the future. When an individual under suspicion is falsely accused of domestic violence and an order of protection is enacted, it can become difficult to resolve the situation on your own.

What Is an Order of Protection?

An order of protection is a civil injunction that provides protection to a victim of domestic violence to protect themselves and any children from further harm. According to the Illinois Domestic Violence Act, domestic violence is comprised of:

  • Hitting;
  • Choking;
  • Kicking;
  • Threatening;
  • Harassing; or
  • Interfering with the personal liberty of another person.

The primary factor that qualifies a violent or harassing act as domestic violence is the person accused of the abuse. The victim and the person charged do not have any substantial previous relationship to classify under other, more general definitions of violence. However, if they have a more personal relationship, then the behavior is likely to be pushed into the more harshly punished realm of domestic violence.

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DuPage County criminal defense attorney, domestic violence and assaultViolence seems to occur everywhere today—in the mainstream media, in workplaces, and in your own home. Many people blame various sources: added stress, alcohol or drug use, or even because an individual simply snapped. The reasoning is limitless and the factors that trigger anger are different for everyone.

Laws do not handle violence cases lightly in the state of Illinois. In fact, they can be dealt with in a very harsh manner. Furthermore, domestic violence and assault charges are very different and are also susceptible to different penalties.

What is Assault and Aggravated Assault?

As with the vast majority of criminal charges, there are varying degrees of severity. The same holds true with assault and aggravated assault, which are both different from domestic violence. 

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