Domestic Violence and Orders of Protection in Illinois
Domestic violence is no joke. It happens to families from all walks of life. Rich and poor. Educated and blue collar. White, black, and brown. It can happen to anyone.
I am a strong advocate for victims of domestic violence in Orders of Protection. Obtaining an Order of Protection or No Contact/No Stalking Order, commonly referred to as restraining orders, is a lot more complicated than it should be. The rules of evidence and court procedures must be followed by everyone, including victims of domestic violence. It takes years of training and hearing experience to perfect the tools to win cases in court. In the last 6 years, I’ve represented dozens and dozens of people and gone to hearing 23 times, winning 19 of them. I have a proven track record fighting and advocating for people on both sides of the equation.
Charged with Domestic Battery
For those accused of domestic battery, the consequences can be severe for even the slightest of charges. You CANNOT receive supervision if you are guilty of domestic battery. A conviction stays on your record for life and can be used to enhance any future domestic battery charge to a felony.
Domestic battery, contrary to popular belief, comes in so many different shapes and sizes:
- Husband charged against wife
- Wife charged against husband
- Boyfriend charged against girlfriend
- Girlfriend charged against boyfriend
- Father charged against son
- Son charged against father
- Brother charged against brother or sister
- Sister charged against sister or brother
- Aunt charged against nephew
- I can go on for dozens of combinations. The point is, domestic battery encompasses a lot more than you think. And there is always more than one side to the story.
What is Domestic Battery?
There are are two kinds of domestic battery charges:
- Making contact of an insulting or provoking nature – examples: touching, grabbing by the shirt, pushing, grabbing arms
- Making contact causing bodily harm – examples: punching in the leg causing a bruise, striking in the face and breaking skin or bruising, pushing to the ground causing a scraped knee
There are so many kinds of actions that can lead to a domestic battery charge and the consequences can be harsh right from the moment you get charged.
When you get arrested for domestic battery:
- You are taken to jail for the night until 8:00 am right’s court the next morning for your initial court appearance.
- At the initial court appearance, a monetary bond may be set that you must pay to be released.
- You will be ordered to surrender any firearms that you own to the police until the case is over.
- You will be ordered to stay away and make no contact with the victim for at least 72 hours from release, and possibly for the duration of the case, which could be months and months. This includes phone calls and texts.
- You may be ordered to pay for and complete an evaluation within 14 days of release.
- You might need to find somewhere else to live.
- You might lose your job simply for being arrested.
- You are not allowed to leave the state of Illinois without written permission from the judge.
- You must appear at multiple future court dates at 9 am during the work week.
This is all before you get your day in court.
Consequences of Domestic Battery
Domestic Battery is a class A misdemeanor, punishable by up to 364 days in jail and up to a $2,500 fine or both. You cannot receive supervision if you are guilty and a conviction must enter on your record if you are found guilty or plead guilty to domestic battery. This is a very serious offense with numerous collateral consequences, including the potential to impact your job, housing, 2nd amendment rights, and your professional licenses.
Make sure you are prepared for what you are facing and protect your constitutional rights by hiring an experienced defense attorney. Simply fill out the form below for a free consultation.