How to Handle Domestic Battery Charges in Illinois

 Posted on November 18, 2021 in Criminal Defense

Illinois law punishes violent offenses more harshly than non-violent offenses. A conviction for domestic battery can lead to criminal penalties including heavy fines and jail time. If you have been accused of harming a family or household member, you may be up against some serious charges. Your career, personal reputation, and very freedom may be on the line.

Responding to Allegations of Domestic Abuse

Domestic battery is defined as causing bodily harm or making physical contact of an insulting or provoking nature to a family member or household member. If the alleged offense is committed against a child or causes great bodily harm or disability, the offense may be considered aggravated battery. This is an elevated offense punishable by up to seven years in jail. The way you handle charges of battery or domestic battery can heavily influence the eventual outcome of the case.

Follow Any Orders of Protection and Stay Away from the Alleged Victim

Often, when someone is accused of domestic battery, the accuser petitions the court for an order of protection. In Illinois, an individual can get an Emergency Order of Protection “ex parte.” This means that the subject of the order, the person being accused of battery, does not have to be present. An Emergency Order of Protection may require you to stay away from the petitioner, the petitioner’s home, and the petitioner’s children. This means you may be required to temporarily move out of your own home or stay away from your own children. Understandably, this can be frustrating but complying with the order of protection is the best way to avoid additional criminal charges.

Do Not Let Police Interrogate You Without Your Lawyer

You have the right to decline any and all police questions. One of the best things you can do when you are accused of a crime like domestic battery is to assert this right. Do not answer police questions. State that you want to speak to your lawyer and then say nothing more. Your lawyer will ensure that you do not say anything during police questioning that hurts your case.

Contact a DuPage County Domestic Battery Defense Lawyer

If you were accused of physical violence against a household member or family member, you may be facing considerable criminal penalties and personal consequences. A knowledgeable Naperville criminal defense lawyer from J. Aldrich Law, P.C. can help you build a strong defense against the charges and represent you throughout the proceedings. Call 630-953-3000 today and set up a free, completely confidential case evaluation.

Source: 

https://www.ilga.gov/legislation/ilcs/documents/072000050K12-3.htm