Joliet Domestic Violence Lawyer
Domestic Violence Attorney in Will County
Problems and disagreements between family members happen everyday. However, when disagreements start becoming abusive, physical or threatening you may be faced with legal problems. Domestic disputes often times can become more more serious, such as domestic battery. The state of Illinois has strict laws on domestic abuse and domestic violence is punished harshly.
A domestic violence charge or domestic battery charge in Illinois can have very serious consequences if you are convicted. Domestic battery is one of the few charges where a mandatory conviction is required if you are in fact found guilty. If you are charged with domestic battery, it is important to have a domestic violence lawyer represent you to fight for you and YOUR rights.
Domestic Violence Laws in Illinois
Criminal charges are filed for domestic violence when physical harm is involved. They are prosecuted aggressively and can result in jail time and large fines – other domestic laws in Illinois cover physical, emotional, and sexual harm.
Illinois Domestic Violence Act
The Illinois Domestic Violence Act (IDVA) protects victims of domestic violence and The Illinois Domestic Violence Act (IDVA) views domestic violence as a serious crime. It creates a legal remedy for domestic violence victims called an Order of Protection, and it requires that law enforcement officers provide specific types of assistance to these victims. The following are the domestic battery charges in Illinois.
A person commits domestic battery by intentionally causing bodily harm to a family or household member by making physical contact in an insulting or provocative way with a family or household member. Domestic battery is punished as a Class A misdemeanor, domestic battery is a Class 4 felony if the defendant has a prior conviction for domestic battery or for violating an order of protection. Domestic battery is also a Class 4 felony if the defendant has a prior conviction for committing any one of a number of violent crimes against a family or household member, such as murder, aggravated domestic battery, kidnapping or unlawful restraint.
While a Class A misdemeanor carries a possible maximum sentence of less than a year and a $2,500 fine, a Class 4 felony carries up to six years in prison and a $25,000 fine. (720 Ill. Comp. Stat. § 5/12-3.2; 730 Ill. Comp. Stat. § § 5/5-4.5-45, 5/5-4.5-50, 5/5-4.5-55)
Aggravated Domestic Battery
Aggravated Domestic Battery is Class 4 Felony which means that you can face 3 to 7 years of prison time in the Illinois Department of Corrections and Fines and Cost of $25,000.00 or both. If you are convicted, you can’t expunge the offense from your criminal record.
Aaggravated domestic battery is committed when an individual knowingly causes great bodily harm, or permanent disability or disfigurement. Furthermore, a domestic battery offense can turn into an aggravated domestic battery if a person who, in committing a domestic battery, strangles another individual. Aggravated domestic battery can only happen betweenspouses, ex-spouses, co-parents, parents and children, stepparents and children, blood-related family members, people related by blood through a child, elderly or disabled adults and caregivers and current and former roommates. Aggravated domestic battery is a serious offense – if you are charged or accused of committing aggravated domestic battery – you need to contact a domestic violence lawyer as soon as possible.
Interfering with the Reporting of Domestic Violence
Any individual who knowingly prevents or attempts to prevent the victim of or a witness to the act of domestic violence from calling a 911, obtaining medical assistance, or making a report to law enforcement can be charged with Interfering With the Reporting of Domestic Violence which is a Class A misdemeanor offense. If that person is found guilty, he or she can be punished by up a year in jail, two years of probation, and a fine of up to $2,500. This is a common charge when someone takes the victim’s phone and hides it from them to prevent the reporting of the incident.
Some Domestic Violence FAQ’s
- Can a domestic violence charge be dropped?
- Can I file a domestic violence lawsuit against my abuser?
- Can men be victims of domestic violence?
- Do I have to report domestic violence?
- Is a domestic battery charge a felony?
- What can I do to stop an abuser?
- What is a domestic battery?
- What is domestic violence?
- What is the sentence for domestic battery in Illinois?
- Where can I get help if I’m a victim of domestic violence?
Contact A Joliet Domestic Violence Attorney For Help
Domestic violence covers many different forms of abuse – being charged with domestic violence can result in serious legal consequences. People convicted of domestic violence can face jail time and fines, but also impact your future ability to find gainful employment, own a handgun or even rent housing.
If you find yourself accused or charged of domestic violence, you need a domestic violence defense lawyer to help you build a strong defense. Attorney Neil Patel has the experience and knowledge to help you protect your rights. Having dealt with thousands of cases, he has the resources and experience to best represent you in your domestic violence charge. Call The Law Offices of Neil Patel TODAY for a free consultation!