Domestic Violence Crimes Under Illinois Law

Domestic Violence Crimes Under Illinois LawIn recent years, most states, including the state of Illinois, have taken steps to strengthen existing domestic violence laws and increase potential punishments for those convicted of these crimes. The consequences from a domestic violence criminal conviction can be quite severe; these penalties may include imprisonment and restrictions on your ability to possess firearms. Furthermore, false allegations of domestic violence often surface for other reasons, such as in the midst of custody battles. As a result, it is essential that you contact an experienced Naperville criminal defense attorney as quickly as possible if you are facing charges for a crime related to domestic violence.

Domestic Battery

One type of domestic violence crime under Illinois law is domestic battery. You can commit the crime of battery when you intentionally cause bodily harm to another individual or make physical contact with him or her in an insulting or provocative way. However, domestic battery occurs if you commit battery against a family or household member, including parents, children, stepchildren, and any individuals who are related in some way, either by blood or by marriage. Domestic battery also can involve someone with whom you currently are in a relationship or formerly were in a relationship. The law does not distinguish between individuals who were formerly or are currently married or those who simply lived together or were in a dating relationship.

Aggravated Domestic Battery

Aggravated domestic battery is also battery against one of the individuals described above, but results in great bodily harm, permanent disability, or disfigurement to the victim. If the battery involves strangulation, it also can constitute aggravated domestic battery.

Other Crimes Often Related to Domestic Violence

There are a variety of other crimes that sometimes arise in domestic violence situations. For instance, the Illinois law concerning harassing and obscene communications includes crimes such as harassment by telephone and harassment by electronic communications. Illinois law also has specific provisions in the criminal code dealing with stalking and cyberstalking, which are both crimes that often occur in the context of a domestic violence situation. Convictions for these crimes also can result in severe penalties.

Protective Orders and Violations of Protective Orders

A court often will issue a protective order that prohibits the individual accused of domestic battery in order to protect the alleged victim. A protective order can include many different provisions that are tailored to the situation but typically keeps the accused individual from having contact with the victim, including personal or telephonic contact at the victim’s home, workplace, or school. If an individual who is subject to the protective order violates one or more provisions of the order, the consequences can be just as severe as those that might result from a conviction of domestic battery.

Call Your Naperville Criminal Defense Attorney Today

While the legislature has justifiably enacted various laws that make domestic violence-related incidents crimes, cases involving allegations of domestic violence are not always so clear-cut. Disputes over parenting time schedules and revenge motivations following a break-up all too often result in domestic violence charges that law enforcement authorities later determine to be false. This is why the assistance of an experienced Illinois criminal defense lawyer is essential in all cases involving allegations of domestic violence. Contact the skilled Naperville criminal defense attorneys of Law Office of Glenn M. Sowa, LLC today, and learn how we can help you resolve any criminal charges that you may be facing.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=74600000&SeqEnd=75300000

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