Domestic Violence Charges in Illinois: An Overview
Domestic violence is a serious issue that affects countless individuals and families across Illinois each year. While public awareness of domestic violence has increased over the past few decades, many myths and misconceptions still exist regarding these crimes. This article provides an overview of the various domestic violence-related charges in Illinois, the defenses available, the implications of a conviction, and resources for victims.
What Constitutes Domestic Violence Under Illinois Law
In Illinois, domestic violence encompasses a wide range of crimes that occur between family or household members. This includes current and former spouses, parents, children, stepchildren, other persons related by blood or marriage, people who share or used to share a home, people who have or allegedly have a child in common, and people who have or have had a dating or engagement relationship.
The following charges may be filed as domestic violence offenses:
- Domestic Battery – Knowingly causing bodily harm or making physical contact of an insulting or provoking nature with a family or household member (720 ILCS 5/12-3.2). This may be charged as a Class A misdemeanor or a Class 4 felony depending on the circumstances.
- Aggravated Domestic Battery – Strangling or attempting to strangle a family or household member (720 ILCS 5/12-3.3). This is a Class 2 felony.
- Domestic Battery with a Previous Conviction – Committing domestic battery after a previous domestic battery conviction (720 ILCS 5/12-3.2). This elevates the charge to a Class 4 felony.
- Aggravated Domestic Battery with a Weapon – Committing domestic battery while armed with a weapon (720 ILCS 5/12-3.3). This is a Class 2 felony.
- Interfering with Reporting of Domestic Violence – Preventing or obstructing someone from calling 911 or reporting domestic violence (720 ILCS 5/12-3.5). This is a Class A misdemeanor.
So in summary, domestic violence charges depend on the relationship between the offender and victim, as well as the type of conduct that occurred. Charges range from misdemeanors to felonies with enhanced penalties for repeat offenses or the use of weapons.
Defenses to Domestic Violence Charges
If you are facing domestic violence charges, some possible defenses to explore with your criminal defense attorney include:
Self-Defense – You may argue that your actions constituted self-defense against violence initiated by the alleged victim. The court will determine whether your belief and actions were reasonable under the circumstances.
False Accusations – In some cases, alleged victims fabricate domestic violence claims during contentious divorces, breakups, or custody battles. Your attorney can investigate whether there is evidence to support this defense.
Mistaken Identity – You may argue the alleged victim misidentified you as the perpetrator, especially if little evidence beyond the accusation exists.
Intoxication – Voluntary intoxication is not an excuse for domestic violence, but involuntary intoxication could potentially negate the intent required to be convicted in some cases. An attorney can advise whether this applies.
Mental State – In limited circumstances, a mental defect or disorder may provide a defense against domestic violence charges. An evaluation by a clinical psychologist or psychiatrist would be required.While domestic cases often come down to one person’s word against another, an experienced criminal defense lawyer can thoroughly examine the prosecution’s case for holes and build a strong defense tailored to the facts of your situation.
Penalties and Consequences of a Domestic Violence Conviction
The penalties for a domestic violence conviction in Illinois depend on the specific charges, but may include:
- Jail or Prison Time – Misdemeanor domestic battery carries up to 1 year in jail. Felony domestic battery and aggravated domestic battery can result in 3 to 7 years in prison. Sentences often involve probation as well.
- Fines – Monetary fines up to $25,000 may accompany a domestic violence conviction. Most misdemeanors carry fines up to $2,500.
- Restraining Order – Courts commonly issue orders of protection prohibiting contact with the victim for 2 to 10 years. Violating the order leads to additional charges.
- Loss of Gun Rights – Those convicted of domestic battery cannot legally purchase or possess firearms, ammunition, or stun guns.
- Immigration Consequences – For non-citizens, domestic violence convictions can negatively impact one’s immigration status and ability to naturalize. Removal proceedings may be initiated.
- Child Custody and Visitation Restrictions – Those convicted may face limits on child custody and visitation rights. Supervised visitation may be ordered.
- Employment Difficulties – Many employers conduct background checks and may decline to hire those with domestic violence convictions, especially for jobs involving children or vulnerable individuals.
- Social Stigma – A domestic violence conviction carries significant social stigma and can isolate individuals from family and community support systems.
Clearly, the effects of a conviction go far beyond court penalties alone. Anyone facing charges should seek advice from an attorney experienced with domestic violence cases in Illinois as early as possible.
Resources and Support for Victims
Domestic violence takes an enormous physical, emotional and psychological toll on its victims. Support services exist across Illinois to help victims escape violence safely, recover from trauma, achieve independence, and navigate the legal system.
Emergency Hotlines
- National Domestic Violence Hotline – 24/7 crisis support at 800-799-SAFE (7233) or online chat services
- Illinois Domestic Violence Helpline – Referrals to local resources across Illinois
Shelters and Housing Assistance
- Illinois Coalition Against Domestic Violence Member Programs – Emergency shelters, transitional housing, and relocation assistance
- HUD Approved Housing Counselors in Illinois – Help finding reduced-cost housing and applying for subsidies
Legal Help
- Illinois Legal Aid – Free legal services for low-income victims
- Cook County Domestic Violence Courthouse – Assists with orders of protection, referrals, and filing criminal charges
- Prairie State Legal Services – Legal assistance for domestic abuse victims outside Cook County
Counseling and Support Groups
- Illinois Imagines – Free, confidential online support groups for domestic violence survivors
- Between Friends Chicago – Affordable counseling for domestic abuse victims
- Apna Ghar – Culturally-sensitive services for immigrant communities
The long-term physical and emotional impacts of domestic violence can be significant. Victims should know that support and resources exist to help them safely escape abuse and rebuild their lives.
Conclusion
Domestic violence is a complex issue with legal, personal and societal implications. While public awareness has grown over the years, domestic violence remains a significant problem in communities across Illinois.
If you are a victim of domestic abuse, know that support and resources exist to help you. You have the right to feel safe in your own home. If you face criminal charges, consulting an experienced domestic violence attorney is essential to protect your rights and build the strongest defense to avoid a conviction. Laws and penalties related to domestic violence continue to evolve, so obtaining qualified legal advice tailored to your situation gives you the best chance at a positive outcome.