The state of Illinois takes domestic violence seriously. If you were accused of domestic violence, you would face a jail or prison sentence and thousands in fines, plus a permanent stain on your record that makes employment difficult. Learn more about domestic violence charges below, and contact our Illinois domestic violence attorneys if you need legal assistance.
What Constitutes Domestic Violence In Illinois?
For a crime to be domestic violence, the law (725 ILCS 5/112A-3) states that the alleged perpetrator and victim must be household or family members, which is defined in this way:
- Former or current spouses
- Parents, children, stepchildren, and others who are related by marriage or blood
- Individuals who share or once shared a dwelling
- People who have children together
- People who have disabilities and their caregivers
- People who are engaged or dating
The law refers to domestic battery in these situations, which means intentionally causing physical harm to a family or household member or making physical contact in an insulting or provoking nature with a member of the family or household. Domestic battery is a Class A misdemeanor in Illinois and can be punished by one year in jail and up to a $2,500 fine. However, if the perpetrator has a previous domestic violence record, it can be upgraded to a Class 4 felony, punishable by up to six years in state prison and a $25,000 fine.
The crime is defined as aggravated domestic battery if the perpetrator causes severe bodily harm, disfigurement, or permanent disability. This crime is a Class 2 felony, and if you have one or more previous convictions, you will receive at least three years in prison.
Potential Defenses To A Domestic Battery Charge
The key to the prosecutor’s case is proving that domestic abuse occurred, which is defined in the Illinois Domestic Violence Act of 1986. They must prove that some type of abuse occurred, such as pushing, hitting, forcing intercourse, or not letting someone leave. Abuse also could be harassing your domestic partner, such as calling or texting them repeatedly, making threats, following them, or keeping them from seeing their children.
If the prosecutor cannot prove that abuse occurred, their case is problematic. Some of the possible defenses to a domestic violence charge are:
Inadequate Evidence
Prosecutors and police must meet the burden of proof to convict someone of a crime. If there is not enough evidence, the case could fall apart. For example, if your ex claims you were harassing him or her in phone calls and phone records show you have not called him or her in months, that could suggest inadequate evidence.
Victim Is Not Telling The Truth
All domestic violence accusations must be taken seriously. However, there are occasions when the alleged victim might not tell the whole story. After a domestic quarrel or breakup, it is not uncommon for one of the partners to wrongfully accuse the other of domestic violence. A skilled attorney can show that the alleged victim could be lying.
Self-Defense
Sometimes the alleged victim was actually the aggressor, and a closer look into this can show the judge what really occurred.
Contact Our Illinois Criminal Defense Lawyers Now
Being charged with domestic violence in Illinois is serious, but you have not yet been convicted. There are various effective defenses for domestic violence charges, and an experienced attorney is an invaluable resource. Contact our Illinois criminal defense attorneys at Villadonga & Villadonga. We are ready to protect your rights, so contact us at (847) 298-5740.