Domestic Abuse in Illinois: No Laughing Matter

 Posted on November 20, 2013 in Criminal Defense

Among all the crimes in Illinois, domestic abuse is among those treated most seriously by prosecutors and judges. Domestic abuse is defined by two elements. First, there is an act of violence. This can be an assault or a battery. That means that there does not necessarily need to be any force or physical touching involved. It is possible to get an assault charge for merely making threats to someone.

For example, each of the following can be considered domestic abuse:

• Spousal abuse

• Child abuse

• Criminal violations of Orders of Protection

• Assault

• Battery

• Stalking

• Harassment/telephone harassment

• Threats

The second element of a domestic assault charge is the victim. What makes domestic abuse “domestic” is the victim. In Illinois there are several types of victims that qualify as domestic abuse victims, they are:

• Family or household members

• An adult with disabilities who is abused, neglected, or exploited by a family or household member

• Any minor child in a defendant’s care; and

• Any person residing or employed at a private home or public shelter which is housing an abused family or household member.

Punishments for Domestic Violence Go Beyond Jail Time

If you are convicted of a domestic abuse crime, you will likely be looking at least some time in jail and a significant fine. However, you will also experience other collateral punishments from the conviction. For instance, if you are convicted of a domestic abuse crime, you may lose visitation rights with your children (or custody), have a protective order issued against you by your spouse and/or children, and in some cases have parental rights terminated altogether.

To learn more about the specifics of this issue, take a look at the Illinois Domestic Violence Act. The law discusses ancillary matters like orders of protection, the responsibilities of law enforcement officers, and the role of health care providers in domestic violence cases.

Have You Been Charged with a Domestic Abuse Crime in Illinois?

If you have been charged with a domestic abuse crime in Illinois you need to ensure you have a passionate, experienced Illinois criminal defense attorney at your side. With so much at stake, you should do everything you can to ensure that you exit the criminal justice system as quickly as you can and with as few collateral consequences as possible. Click here to contact Christopher Cosley, a Chicago criminal defense attorney with the experience and dedication you need.