What Is Domestic Violence?
Domestic Violence Defense Attorneys Serving Kane County and DuPage County
Domestic violence tends to have a widespread affect on everyone involved, which can cause great public concern. Because of this, what happens within a family's home may not always stay there.
Domestic violence may include physical aggression, threats, isolation and abuse through sexual, emotional or economic means. It can occur within any type of family, regardless of age, culture, religion, sexual orientation or economic status.
If you've been accused of domestic violence and need assistance with your case, contact an experienced domestic violence defense attorney today.
In most situations, cases involving domestic violence are more often civil in nature than they are criminal. In other words, instead of punishing offenders through the state, victims are awarded compensation for their pain and suffering, including the ability to sue for monetary damages.
Another option for victims is to apply for an order of protection, which may mean that the offender must leave the home, pay child support, return property or complete some other requirements.
What is criminal domestic violence?
Many domestic cases, like those that involve emotional or economic abuse, are settled in civil proceedings. Other domestic violence crimes carry criminal penalties, such as in the cases of assault, battery, sexual assault, kidnapping, false imprisonment, attempted murder, property damage and other similar crimes.
If you're facing charges for domestic violence, a conviction could mean fines, imprisonment, treatment programs and probation, among other court-ordered activities. To get the best outcome from your case, consult with a domestic violence defense attorney as early as possible.
Domestic violence has federal implications
Over the past 20 years, the federal government has passed laws pertaining to domestic violence, particularly when it comes to cases that cross state lines.
The Violence Against Women Act (VAWA) makes it illegal to cross state lines, or force an intimate partner to do so, in order to commit a domestic violence crime. This law also makes stalking across state lines a federal crime, as well as crossing state with the intent to violate a protection order.
The Gun Control Act prohibits some individuals who have an order of protection issued against them from possessing or transferring firearms. The order of protection in question must include language forbidding them from harassment, stalking or threatening. This law also makes it illegal for a person who has been convicted of misdemeanor domestic violence to own a firearm if the crime committed involved the use of a deadly weapon.
Domestic violence cases can be complicated, especially when it comes to federal issues. If you have questions, contact an experienced domestic violence defense lawyer from Donahue, Sowa & Magana.