4 Things You Should Know About Domestic Violence Charges in Illinois

 Posted on August 17, 2018 in Criminal Defense

The recognition of and response to domestic violence have improved over the last decade, but domestic violence still exists, and it is a serious and widespread issue. According to the National Coalition Against Domestic Violence, an estimated 10 million people experience domestic violence each year. However, criminal charges related to domestic violence are not always fully understood, which is why it is important to get your facts straight and be informed about local laws. Here are four things you might not have known about domestic violence charges in Illinois:

1. Domestic Violence Can Only Occur Between “Family or Household Members” 

Any act of abuse that occurs between unrelated people is not considered domestic violence. Examples of relationships that are included under the definition of “family or household members” include:

• Spouses and former spouses.
• Parents and step parents.
• Children and step children.
• People who currently live together or used to live together.
• People who dated or were engaged.
• People who have a child in common.
• People with disabilities and their personal assistants.

2. “Abuse” Can Include Many Different Forms of Behavior 

Abuse can manifest in physical, emotional, or even sexual forms. Examples of abuse can include:

• Pushing or shoving.
• Hitting.
• Not allowing someone to leave.
• Pulling someone’s hair.
• Forcing someone to use drugs or alcohol.
• Continually criticizing someone or calling them names.
• Acting jealous or possessive.
• Demanding to know where someone is or who they are with.
• Forcing someone to have sexual intercourse.
• Restraining someone during sex.
• Forcing someone to not use birth control.
• Removing birth control or sabotaging birth control methods.
• Forcing someone to become pregnant or to get an abortion.

3. Illinois Police Must Take Action if They Suspect That Someone Is Experiencing Domestic Violence 

Police officers are required by law to arrest those suspected of domestic violence if they have sufficient evidence and complete a police report. They are also required to inform the victims of domestic violence about their options, including obtaining orders of protection and filing criminal charges.

4. Orders of Protection Can Make Certain Demands

Orders of protection contain “remedies” that a person must follow, and failing to do so can result in criminal charges. These remedies may include clauses that:

• Prohibit further abuse.
• Instruct an alleged abuser to leave their residence and allow the alleged victim to continue living there.
• Prohibit an alleged abuser from going near certain people.
• Require an alleged abuser to go to therapy or counseling.
• Prohibit an alleged abuser from going near the alleged victim’s home, work, or school.
• Require an alleged abuser to pay child and/or spousal support.
• Require an alleged abuser to give up certain property.

Get Representation From a Downers Grove Domestic Violence Defense Attorney

Domestic violence is a crime that is taken very seriously and comes with certain strict consequences. If you have been accused of domestic violence, you should get immediate help from an Oak Brook criminal defense lawyer. The attorneys at Khan Nayyar & Associates, LLC can help you fight to keep your freedom, clear your record, and maintain your good name. Call our office at 630-529-9377 to set up a consultation.

Sources:

https://ncadv.org/statistics

http://www.isp.state.il.us/crime/domesticviol.cfm

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59