What Are Defenses to Domestic Violence in Illinois?

 Posted on August 21, 2019 in Domestic Violence

Domestic violence is a problem in Illinois and all across the country. As such, the states have enacted strict laws to protect victims of domestic violence. In Illinois, one such law is the Illinois Domestic Violence Act of 1986. This law allows protections and remedies for victims, but sometimes it is used inappropriately. Not everyone accused of or charged with domestic violence is guilty. Unfortunately, even when that is the case, juries tend to sympathize with the victim.

For this reason, anyone facing charges must speak to a Rolling Meadows domestic violence attorney that can build them a solid defense. Some of the defenses most commonly used in domestic violence cases are below.

Self-Defense

Self-defense is one of the most common defenses used in domestic violence cases. Sometimes two people in a household may argue to the point that one becomes aggressive and violent. Even if they do not physically touch the other person, they may throw things or otherwise threaten harm. When this is the case, Illinois law allows a certain amount of force if you are defending yourself or your property. As such, self-defense is a very solid argument for domestic violence charges.

Being Falsely Accused

Arguments in a household can become very heated. Sometimes, they become so heated that one party becomes revengeful and wants to hurt the other person, not physically, but with other consequences. They may call the police and allege domestic violence is taking place. Or, one party may have thought the other was becoming violent when they were not. Again, if the police are called, they may lay domestic violence charges even if the situation had not become violent.

Domestic violence cases are often a case of one person’s word against another’s. These situations tend to happen behind closed doors and with no witnesses. Due to this, it becomes very difficult to determine who is telling the truth. Law enforcement, juries, and judges may automatically favor the victim. For this reason, it is important to raise arguments that contradict the accuser’s story. Perhaps the accused was not even present in the home, or maybe the victim’s story is inconsistent. These arguments raise a good defense in domestic violence cases.

Lack of Proof

In order for the prosecution’s case to be successful, they must present sufficient proof that domestic violence took place. In criminal cases, the prosecution has a very strict burden to prove the defendant guilty beyond a reasonable doubt. Again, because domestic violence often takes place behind closed doors, this is difficult. The victim’s word is not enough to garner a conviction.

Charged with Domestic Violence? Call a Rolling Meadows Criminal Defense Attorney for Help

If you are facing charges of domestic violence, you likely feel as though the situation is hopeless. It is not. There are many defenses available to these charges, and a skilled Rolling Meadows criminal defense attorney can help you determine which one is right for your case. At the Law Offices of Christopher M. Cosley, we know that not every argument is a case of domestic violence, and we are committed to helping those that are innocent retain their freedom. Call us today at 847-253-3100 for your free consultation so we can start reviewing your case.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100