Tag Archives: domestic abuse

St. Charles domestic abuse defense lawyer

When people hear the term “domestic abuse” their thoughts immediately turn to physical injuries that are purposefully inflicted on someone by a partner or another member of the household. However, domestic violence can take a psychological form, and verbal or emotional abuse can turn to physical harm. Illinois law defines domestic violence as one member of a household choking, hitting, pinching, or causing injury to another member of the home purposefully. The action can happen out of rage or just to control the other person. It is important to understand what the law considers abuse and its consequences in the event you or someone you know is charged with domestic violence. 

Mental/Emotional Abuse

Psychological abuse may be seen as the early stages of behavior that can lead to physical violence. While these actions will not leave behind physical scars, the emotional toll they take can leave lasting wounds on a person’s mental health. Some of the following actions may be considered emotional abuse:

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Naperville defense attorney

The classification of domestic violence covers a wide range of crimes. Illinois law considers assault or battery an act of domestic violence if it is perpetrated against a:

  • Family member;
  • Spouse or former spouse;
  • Current or former roommate;
  • Co-parent, regardless of whether the parents were ever married;
  • Former boyfriend or girlfriend; or
  • Household member with disabilities or their assistant.
  • Abuse may be physical, such as hitting, choking, pushing, or entrapping, to name a few. It may also take the form of harassment and/or stalking, threatening, forcing another person to do something he or she does not want to do, or denying someone proper medical care. Charges may also be increased if any of this is done in front of a child. 

What Someone Accused of Domestic Violence Can Do

If you are accused of a violent crime, you are innocent until proven guilty. These charges are of the utmost seriousness, so it is critical you seek legal counsel as soon as possible. Your attorney can investigate the facts of your case to seek dropped or reduced charges. This includes any witnesses that can support your claim of innocence or that you acted in self-defense. During this time, do not contact your accuser, and follow the advice of your legal counsel. 

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sexual assault, sexual abuse, violence, domestic violence, domestic abuse, IllinoisAn uncomfortable subject to approach, sexual offenses and sexual assault are crimes that are committed every day in our country, no matter how hard we may try to sweep them under the rug. “Sexual assault” is a broad term, and can include four different types of criminal offenses. It is important to be familiar with each of them.

 The legal age of consent in Illinois is 17. Consent refers to “any freely given agreement to the act of sexual conduct or sexual penetration.” Consent must be given verbally, and physical resistance is taken as a sign that the act was not consented to. In this sense, it does not matter if a victim was “asking for it.” Types of sexual assault may include:

  • Criminal sexual assault;
  • Aggravated criminal sexual assault;
  • Predatory criminal sexual assault;
  • Aggravated criminal sexual abuse.

Under Illinois law, criminal sexual assault consists of sexual penetration plus one of the following four circumstances:

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illinois-domestic-violenceAlthough none of us like to think about it, domestic violence is a rapidly growing issue in our society. Legally, any individual who abuses, harasses, or interferes with the personal liberty of another family or household member has broken the domestic violence law here in Illinois. According to the Illinois State Police, a “family or household member” can include any of the following:

  • Spouses and former spouses
  • Parents, children, and stepchildren
  • Those who previously shared the same home
  • People who dated or were engaged, regardless of gender
  • Those who allegedly have a child in common
  • People with disabilities and their personal caregivers

Abuse can take on different forms depending on circumstance. While many people associate domestic violence abuse with physical violence, such as hitting, kicking, pushing, forced sex, etc., some do not always consider the other forms. These can include, but are not limited to, harassment (threats, following, preventing you from seeing your child), forcing a child or other person witness abuse, making someone do something you do not want to do, or denying a disabled person access to required care. Domestic violence can occur in any region, among any ethnic, religious, racial, socioeconomic, or age group. It is present in relationships of all ages, and even in same-sex relationships. According to the Illinois Department of Public Health, almost one in every four women in the United States will be physically battered or raped by a close partner at one point or another during their lives.  Out of the cases reported, approximately 2 million to 4 million assaults on women by partners are estimated each year. Domestic violence is not a joke. It is a serious problem in our society that affects millions of people each and every day. While advances are being made to put an end to the problem, there is still work to be done. If you or someone you know is or has been the victim of domestic violence, do not hesitate to contact an Illinois criminal attorney to assist you in freeing yourself from the dangerous situation.

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