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Tag Archives: Illinois Domestic Violence Act

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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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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