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Domestic Violence in Chicago

Domestic violence in Chicago carries serious consequences when not addressed immediately. These consequences can be both civil and criminal. If you have been charged in Cook County with a domestic violence or related offense, it’s imperative to contact a domestic violence defense attorney. At DRD Law, LLC, we are here to help. Call 312-778-6035 to schedule a free consultation today.

What is Domestic Violence?

Domestic violence describes a range of harm committed in the context of a domestic relationship, usually between spouses, intimate partners, or relatives. In some jurisdictions, it can also include roommates or other members of the household. Examples of physical acts that can arise from domestic violence include punching, hitting, slapping, or shoving. However, it could extend to other patterns of abusive behavior, like threats of violence, sexual abuse, emotional abuse, and financial abuse.

Federal Laws on Domestic Violence

State-based legislation varies in terms of both the nature of the relationship and the type of conduct required to prove a domestic violence offense. While domestic violence offenses are usually prosecuted at a state level, federal domestic violence legislation exists. In 1994, Congress passed the Violence Against Women Act (VAWA). This Act and its subsequent additions acknowledge domestic violence as a national crime and provide assistance to overburdened state and local criminal justice systems.

The following are federal crimes under VAWA if they are committed within the maritime or territorial lands of the United States or if the offender crosses state or foreign lines to:

• Commit or attempt to commit a crime of violence against an intimate partner (18 U.S.C. Section 2261)
• Stalk or harass by mail or computer (18 U.S.C. Section 2261A)
• Violate a qualifying Protection Order (18 U.S.C. Section 2262)

Consequences of Alleged Domestic Violence in Cook County

When a defendant is charged with a domestic violence offense, the court has the power to order a protection order, also referred to as a restraining or no-contact order. Protection orders can be issued even when the defendant isn’t present in court and before their criminal law matter has been finalized.

When a protection order is issued, it can result in two significant consequences:

• It can restrict a defendant’s contact with the victim and their children.
• It can require the defendant to leave the family home.

A person subject to a protective order or convicted of a domestic violence offense is also prohibited from owning or possessing a firearm under federal law.

Penalties of Domestic Violence or a Related Criminal Conviction in Chicago

The sentencing options for domestic violence offenses vary depending on the severity of the allegations and any prior protective orders. Generally, penalties can include:

• Fines
• Probation
• Domestic violence treatment or counseling programs
• Imprisonment

When sentencing an offender for a domestic violence offense, the court will take into account aggravating circumstances, such as:

• The level of injury sustained by the victim
• Whether a weapon was used or a child witnessed the crime
• Whether the crime violates an existing protection order
• The personal characteristics of the victim, such as older age or pregnancy

The penalties for domestic violence offenses can quickly become harsher with subsequent convictions in Chicago.

Can Domestic Violence Charges Be Dropped in Cook County?

Domestic violence charges can be dropped, but it is critical to know that they will not be dropped only because the alleged victim no longer wants charges brought against the alleged suspect. Charges are brought by the state, not by the affected person.

The same is true about the restraining order. Even if the victim no longer wants the protection order, the order remains in effect. Any person who has a restraining order against them must abide by the order or risk further criminal charges and subsequent consequences. Violating a protective order is a serious offense.

Defenses to Domestic Violence Allegations in Chicago

A person can defend against a domestic violence charge in Cook County. However, the specific defenses available to a defendant will depend on the circumstances of their case.

Some common defenses include:

• Self-defense or defense of others: Reasonable force was used to prevent an attack.
• Lack of evidence: The prosecution fails to present enough evidence to prove each element of the offense beyond a reasonable doubt.
• False allegations: The victim has lied about what happened.
• Accident: The defendant unintentionally caused the injury.

A conviction for a domestic violence offense can have a long-lasting impact on many aspects of a defendant’s personal life, including their relationships, parenting, and employment. It is always in your best interest to consult with a domestic violence defense lawyer about any allegations.