Addison, IL Domestic Violence Attorneys
Helping Fight Abuse Allegations in DuPage, Cook, and Surrounding Counties
Not so long ago, domestic violence cases were quietly dismissed because an alleged victim was reluctant to testify, either due to respect for the relationship, fear of the alleged perpetrator, or some combination of both these things. Now, largely for political reasons, most prosecutors pursue domestic violence cases very aggressively, and they often use procedural tricks during this process. In addition to alleged violence, these offenses also include violation of a protective order and some other infractions.
The professionals at Stringini & Garvey, P.C. are committed to representing clients in the DuPage County and Cook County areas. We live here and work here. So, we understand the trauma that a domestic violence accusation introduces into an already traumatic situation. That is why we make sure you are never in the dark with regard to your case, and we promptly respond to all your inquiries, whether they are about big or small issues.
What is Domestic Violence?
According to the Illinois Domestic Violence Act (IDVA), assault or battery is considered family violence if it is committed against the following people:
- Spouse or ex-spouse,
- Current or former dating partner,
- The parent of a common child,
- Current or former roommate,
- Disabled or elderly adult, or
- Almost any blood relative.
Some of these categories are self-explanatory and virtually impossible to dispute, while others, most notably dating partner and roommate, are much more subjective.
Penalties in Illinois
Domestic battery does not necessarily require an injury, although it does require some physical contact. This charge is a Class A misdemeanor (one year and $2,500 fine); if the defendant had a prior conviction under the statute, domestic battery is a Class 4 felony (one to four years and a $25,000 fine). Aggravated domestic battery, which involves serious bodily injury, is a Class 2 felony (three to seven years and $25,000 fine) and carries a mandatory 60 days in jail, regardless of the actual sentence.
Other Offenses
In addition to battery, other crimes, such as murder or certain sex crimes, can also be upgraded to domestic violence. Furthermore, there are some additional domestic violence crimes under the IDVA, including:
- Impeding a report of domestic violence (Class A misdemeanor), and
- Violating a protective order (Class 4 felony).
Regarding protective order violations, most judges and juries want to see a pattern of misconduct before assessing punishment.
Possible Defenses
If the witness is unavailable, some prosecutors attempt to introduce the police report by using the excited utterance exception to the hearsay rule. But such trickery may violate the Sixth Amendments confrontation clause. Defense of others, and self-defense, also apply in many of these cases.
To protect your rights in a domestic violence case, contact Stringini & Garvey, P.C. at 630-834-9595 for a free consultation. We assist clients in DuPage County, Cook County, and throughout the Chicagoland area from our main office in Addison, Illinois. Se habla Español.
