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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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DuPage County domestic violence defense attorney,  domestic violence charge, domestic violence, order of protection, abusive relationshipThe average lifespan lengthened tremendously over the last few decades with the assistance of medical advancements. However, with age also comes the general “wearing down” of the body, resulting in illness and disabilities. Only one in four adults over the age of 60 currently live on their own successfully, according to the U.S. Census Bureau.

These statistics leave our nation’s aging population in the care of someone else. Many families have no choice but to accept their aging parents into their homes, regardless of relationship or financial status. Unfortunately, parents are reluctant to relinquish their title as “head of the household” to their adult children. Children, in return, struggle to cope with the change in family dynamics, often resulting in rising tensions and occasionally a domestic violence charge.

Defining Domestic Violence

Domestic violence is often associated with violence between two spouses, but it is not always the case. The charge covers a wide variety of close relationships including children and stepchildren, former and current spouses, partners, roommates, those within a dating relationship, caregivers, and blood-related family members. Additionally, the parent-child relationship need not be physically abusive to qualify for such accusations.

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