Domestic Violence Criminal Defense
Domestic violence is a very real problem that can cause serious harm to individuals and families, and the family law attorneys at Lee & Fairman, LLP help victims of domestic violence obtain orders of protection against abusers and take other legal action necessary to stay safe and protect their rights. However, our lawyers also understand that allegations of domestic violence are sometimes based on misunderstanding or intentional false accusations in the midst of a divorce, custody battle or other family dispute. An allegation of domestic violence may have implications beyond family law and implicate criminal proceedings as well. In addition to challenging orders of protection in family court where appropriate, we defend people accused of domestic battery, domestic violence and other offenses which could result in serious criminal penalties and civil disabilities.
Illinois Domestic Violence Laws
Domestic Violence in Illinois includes physical abuse, harassment, or intimidation of a family or household member, defined to include spouses, former spouses, parents, children, stepchildren, persons who share a dwelling, persons who have a child in common, past or present boyfriends and girlfriends, and persons with disabilities and their caregivers.
Illinois law defines the crime of Domestic Battery as “knowingly without legal justification by any means” causing “bodily harm to any family or household member,” or “making physical contact of an insulting or provoking nature with any family or household member.”
Domestic Battery is a Class A misdemeanor, meaning you could be sentenced to up to a year in jail and ordered to pay up to $2,500 in fines if convicted. There is also the offense of Aggravated Domestic Battery, which involves knowingly causing “great bodily harm,” “permanent disability or disfigurement,” or strangling. Aggravated Domestic Battery is a Class 2 felony, with a mandatory prison term and possibly up to seven years imprisonment.
Help is Available to Fight Domestic Violence Charges
When you are charged with any offense, there are specific elements unique to that offense which must be proven beyond a reasonable doubt before you can be convicted of the crime. In addition, you have the constitutional right to have an attorney represent you and put forward any applicable defenses to the crime charged. The criminal defense attorneys at Lee & Fairman, LLP are well-versed in Illinois domestic violence law, including seeking or challenging orders of protection and defending against allegations of domestic violence. If you have been arrested for any crime of domestic violence, don’t hesitate to call our office in Homewood at (708) 799-4848 or Oak Lawn/Chicago/Hyde Park at (773) 644-5915, or contact us online to schedule a free consultation with a knowledgeable and experienced Illinois criminal defense attorney.