An arrest for domestic violence, whether a misdemeanor or felony, is a serious matter. Not only does it have severe legal consequences if you are convicted, but it can also impact your child custody and visitation rights, employment opportunities, immigration status, and it cannot be expunged from your record. You will want a Naperville domestic violence lawyer who is experienced in handling all aspects of these cases and can aggressively fight to defend your rights and freedoms.
Abuse of a family member can take many forms and it may be both physical and non-physical in nature. Abuse is defined as “willful deprivation, harassment, intimidation, assault, battery, sexual abuse, threats, and the exercise of control over another person’s will.” Illinois law requires police officers to make an arrest in all domestic violence situations and the state has no drop policy on these charges based on the alleged victim changing their story or giving false statements. A qualified Naperville domestic violence lawyer can raise the appropriate defenses to have these charges dismissed.
Defending against False Allegations
Spouses, family members, and dating partners can often use emotional distress, anger, jealousy, and revenge to level false accusations of domestic violence. They are doing this to try to gain an advantage in a divorce, custody dispute or other legal proceeding. Unfortunately, this is not a rare occurrence and people can be wrongfully arrested and charged with domestic abuse.
The police, prosecutors and judges take these cases very seriously. Even a conviction of a misdemeanor charge can result in jail time and heavy fines. Conviction of a felony domestic violence offense can carry substantial prison time and it can have long-lasting negative implications on your employment, immigration, custody and visitation rights, and your ability to possess a firearm. It is essential to mount a strong defense to prevent these life-altering consequences.
A Naperville domestic violence lawyer will thoroughly investigate all of the facts of your case and raise any and all available defenses to have these charges dismissed. A successful defense strategy will focus on eliminating any evidence of the crime, pointing out inconsistencies in statements by the victim or witnesses, and showing that you did act in self-defense or were acting in defense of others.
In addition to defending against domestic violence charges, a Naperville domestic violence lawyer can defend clients against violation of an order of protection, criminal contempt of court, and other related charges. When you are facing any of these charges, call a Naperville domestic violence lawyer immediately to schedule a consultation.
When accused of domestic violence, the immediate initiation of defense-building efforts is critical. Hiring a Naperville domestic violence lawyer promptly allows professionals to begin reviewing the case details and identifying potential challenges early on, and it also ensures that any evidence that may benefit your defense is preserved and not destroyed.
A proficient Naperville domestic violence lawyer can provide a thorough evaluation of the evidence and develop a sound strategy to combat your charges. A comprehensive approach may include examining evidence, questioning witness statements, and raising issues of doubt, all of which can significantly impact the outcome of your case.
One of the most common strategies involves arguing that you did not commit the crime of domestic battery or assault, which is defined as any act of physical abuse, harassment, intimidation of a dependent, interference with personal liberty, or willful deprivation against a family member, spouse, child, or household member (except reasonable parental discipline). Your Naperville domestic violence lawyer can examine the facts of your case to identify viable arguments for this defense.
Another common defense strategy in domestic violence cases involves arguing that any physical contact was not intentional. This is often based on the fact that an individual was not aware of who caused the interaction, and a skilled Naperville domestic violence lawyer can use evidence or witnesses to demonstrate that you did not intend any harm.
Mistaken Identity: In some cases, a person is charged with domestic battery when it was actually committed by someone else. This can be an effective defense if there is sufficient evidence to prove that you were not the responsible party, such as witness testimony or your own cell phone data.
In many cases, a qualified Naperville domestic violence lawyer can negotiate with the prosecutor to have the charges dismissed if you cooperate with law enforcement and the courts. This is referred to as an Alibi Negotiation, and it can be an effective way to avoid a conviction.
Considering the severe repercussions that a domestic violence conviction can have on your life, it is vital to take every step necessary to defend yourself against such allegations. Promptly obtaining professional legal counsel, adhering to bail conditions, and working closely with your Naperville domestic violence lawyer throughout the process are all essential components of your defense strategy.
Domestic violence is a serious offense in Illinois, but there are numerous defenses to this type of criminal charge. These include self-defense and proof that the alleged victim did not act in a reasonable way to prevent abuse, among others. A Naperville domestic violence lawyer can review the facts of your case and explain your legal options.
The state takes domestic violence allegations seriously, and if you are convicted of this crime, it can be damaging to your future in a number of ways. You could face fines and jail time, lose access to your home, and have a conviction on your record that potential employers, landlords, and others can see. A skilled Naperville domestic violence lawyer can fight to protect your rights in a domestic violence case, even if the allegations against you are false or based on lies.
Many people are charged with domestic violence when they get into a dispute with someone who is angry or upset about something else and then the argument gets physical or emotional. Unfortunately, the police often make an arrest right away because they have a policy that they must take any complaint of domestic violence seriously. This is unfortunate because many times the accused person has no involvement in the alleged incident of domestic violence. Sadly, a girlfriend/boyfriend or spouse often makes these allegations to help them gain an advantage in a divorce proceeding, child custody battle or other family law matter.
There are several different types of orders of protection in the state of Illinois. Typically, an order of protection will prohibit the abusive party from contacting or communicating with the victim and may also restrict their access to the victim's property. These types of orders are normally filed in civil court, but they can be brought during a criminal prosecution as well. If you are a defendant in a criminal case where an order of protection was issued against you, and you violate this order, you can be charged with contempt of court which is a Class A misdemeanor.
If you are facing domestic battery or any other related charges, it is critical to retain a Naperville domestic violence lawyer as soon as possible. The Naperville domestic violence lawyer will gather information and put the facts in context so you are not overcharged or convicted. The Naperville domestic violence lawyer will work to present a strong and convincing argument on your behalf in the court of law.
The Law Offices of Eric Pittman
1730 Park St STE 109, Naperville, IL 60563, United States
(630)308-0068