One of the most emotionally charged issues I deal with as a Chicago criminal defense lawyer is the domestic battery case. That's because "domestic battery" in Illinois necessarily involves the alleged battery of a "family or household member." As defined in the Illinois Domestic Violence Act, "family or household member" includes parents, spouses, roomates, and people you are dating or have dated, to name just a few examples. Whether you have been falsely accused or made a terrible mistake, you will find answers to some of your most important questions here.
First, what exactly is "domestic battery"? As defined in 720 ILCS 5/12-3.2, a simple Illinois domestic battery is when a person "without legal justification" causes "bodily harm" to a "family or household member" or "makes physical contact of an insulting or provoking nature with any family or household member." Domestic battery can be either a felony or misdemeanor in Illinois depending on a variety of factors too numerous to go into here and best discussed in person.
One of the most important things you should know if you are charged with domestic violence in Illinois is that, under Illinois law, if you plead guilty or are found guilty you cannot get domestic battery expunged from your record. The only way to prevent an accusation of domestic battery from staying on your record for life is to either get the case dismissed or get a "not guilty" at trial.
Many times, the person accusing you will file a petition for an order of protection requesting a court order preventing you from being near them. While an Illinois order of protection is a useful shield for a true victim, it can also be used as a tool to harass. This is especially true if you and the accuser work in the same office or go to the same school. If your accuser has filed for an order of protection, your first objective is to either negotiate an agreement that allows you to go about your daily life without interference, or, convince the judge that the requests made by your accuser are unnecessary or not allowed under the Illinois Domestic Violence Act.
Now you know what you are up against, but how do you beat this? As discussed earlier, there are usually no acceptable plea deals; the only way to protect yourself is to either obtain a dismissal or beat the case at trial. In some cases it is possible to negotiate a deal with the government dismissing your case. For example, the Kane County State's Attorney recently announced a new diversionary program for people accused of domestic battery whereby those who qualify can get charges dropped after completing a year long program. You may be able to set up a similar agreement in other Illinois counties.
Another way to beat an accusation of domestic battery in Illinois is to demonstrate that you used only the amount of force necessary to protect yourself or another from your accuser's use of force. For a more detailed look at this defense and ways to prove it, please read my blog post "Proving Self-Defense in Illinois Battery and Homicide Cases."
The best way of maximizing your chances of getting such an agreement is to deal in strength early on. Many times, preparing your case for trial is the best way to avoid going to trial. Therefore, no matter what your intentions, or how hard or easy you think your case is, the most strategically correct course of action at this moment is a prompt and thorough investigation of your accuser, any witnesses, and the circumstances of the incident, in order to get your case trial ready.
Shepherd Law Office has been helping those accused of Domestic Battery in Illinois since 2005 serving those areas in and around Cook County, Kane County, Aurora, Lynwood, Maywood, and Northbrook.
