Grayslake Domestic Violence Attorney
Many of us consider our home as our sanctuary from the outside world. It is also where we enjoy the love and comfort of our loved ones, and there should be no reason for anyone to fear being in this space. However, some families fear being at home because a family or household member is ruling the home with an iron fist and abusing anyone physically, emotionally, mentally, and financially.
It can be hard to determine how many domestic violence cases are happening in the state. Many victims are reluctant to report their situation for fear of retaliation and further violence. However, the longer these cases remain unreported, the higher the chances they will have a lasting impact on everyone’s lives that they cannot recover from. If you want to stop the abuse and prevent further trauma, you should immediately work with an experienced Grayslake domestic violence lawyer to build a strong case against these abusers and secure protection for you and your fellow victims.
Davis and Associates, Attorneys at Law, LLC is highly rated in Grayslake, IL for delivering top-notch legal services to clients who wish to resolve any family case, including domestic violence. We will act immediately to help you be safe from your abusers, file for a protection order, and get the case heard so the abusers are punished. We will also be with you to help you plan your life free from fear after the case is completed. Our services are also open to those accused of committing domestic violence and wishing to prove their innocence or seek a lighter sentence.
Call Davis and Associates, Attorneys at Law, LLC at (847) 610-6791 for your Consultation with a Grayslake Domestic Violence lawyer.
Classification of Domestic Violence in Illinois
The Illinois state law defines domestic violence as an act where a family or household member uses physical, sexual, emotional, or financial abuse against a family or household member, partner, or former spouse or partner.
It is then considered domestic battery if the offender caused intentional bodily harm to their victims or has made physical contact in an insulting or threatening manner. Domestic battery is a Class A misdemeanor but can become a Class 4 felony if the offender committed domestic battery before or they have previously violated a protective order. It is also a Class 4 felony if the offender has prior convictions of committing violent crimes against any family or household member or a partner they have or had a romantic relationship with.
Class A misdemeanors have a maximum sentence of less than a year in prison and a $2,500 fine, while Class 4 felony has up to 6 years prison sentence and a $25,000 fine.
The case would become an aggravated domestic battery if the abuser caused severe or permanent bodily harm or disability to the victims. It is also classified as an aggravated domestic battery if the abuser strangled the victim while the case is heard in court.
Aggravated domestic battery is a Class 2 felony, with its sentence determined based on the details of the case. However, one can expect a minimum 60-day jail sentence for anyone found guilty of the charges. If they have prior convictions, the prison sentence will be a minimum of 3 years.
There is also a section in the state’s domestic violence law regarding those who interfere in reporting domestic violence incidents or preventing a victim from getting medical help. Anyone found guilty of this crime will face a Class A misdemeanor.
Our Grayslake domestic violence lawyers can help you assess what kind of domestic violence charges can be filed against the abusers. We can also help you collect the evidence needed for the case and fight on your behalf during the hearings.
Obtaining a Protective Order
A petitioner can request a protective order for themselves and their family members if they want to stay safe from their abusive family or household member as the case is being heard in court.
The court will personalize the order depending on the conditions of the case. It may include provisions such as prohibiting the respondent from intimidating, physically abusing, or harassing the petitioner and the protected parties identified by the order. The court may also pick the exclusive residence for the petitioner and the protected members of the household, which the respondent is not allowed to enter or approach. If they do live in the selected residence, they must leave immediately and live far away from the residence. Child custody and counseling for the respondent may also be included as part of the provisions of the protective order.
Respondents can contest the protective order in court since the order can last up to 2 years or more, depending on the case.
The court may order an emergency protection order without giving the respondent a chance to petition against it. This is possible if the petitioner can provide solid evidence proving that the respondent will likely storm the petitioner and the protected individuals after receiving the notice for the protection order. However, there are limitations to the emergency protection order as it will not have provisions that will require the respondent to pay compensation or pay for legal custody or counseling.
Our Grayslake, IL family law firm can help you file for protective orders for you and your family or household members and prepare the evidence the court will need to approve the request. Once the protective order is granted, we will ensure that the other party follows it; otherwise, we will notify the court on your behalf. Meanwhile, if you are the respondent and want to contest the petition, we can help you present counterarguments and evidence for the court to consider.
Protective Order Violations
Respondents to a domestic case are expected to abide by a protective order if the courts issue it. However, they can commit violations either by acting to violate or failing to act to follow the provisions of the protective order, especially regarding:
- Physical harassment, abuse, willful deprivation, or interfering with the petitioner’s rights
- Claiming exclusive ownership of the petitioner’s assigned residence
- The respondent stays away from the petitioner and other protected individuals or the identified safe zones, such as the petitioner’s residence, school, workplace, and others.
- The respondents posed a threat to the petitioner and the protected individuals by illegally invading and staying at the identified residence while under the influence of drugs or alcohol.
- The respondent is caught with firearms.
- The respondent commits child abduction, violates the provisions regarding child custody, or has removed the child from the state or hidden from the state.
If the respondent is found guilty of violating the protective order, they will face penalties for both their violation of the protective order and the crime that they have committed while violating the protective order. It will also be considered a Class A misdemeanor if it is the first offense. It will be a Class 4 felony if it is a repeated offense or if they committed domestic battery or violent crimes against a family or household member during their violation.
Our Grayslake domestic violence lawyers can help both parties handle the case regarding the violation of the protection order. If you are the petitioner, we can help you collect the evidence that will prove that the respondent has violated the terms of the protective order and file the case in court. Meanwhile, if you are the respondent and wish to contest the accusations that you violated the order, we can also help you file the evidence proving your innocence.
Talk To Our Legal Experts Today
Domestic violence cases should be immediately reported because the longer it remains unreported, the more at risk you and your loved ones will be. It will also become more tricky to pin the abusers down should they get a hint that their victims plan to report their actions to the authorities.
Reach out to one of our Grayslake domestic violence lawyers immediately to report the crime and get a case underway to punish the abusers accordingly under the law. We will also ensure that you and your loved ones get protection from further harm from the abusers. Our team will also serve as your legal representative, so you do not have to face these people in court. We can also help those accused of domestic violence and wish to contest the charges in court.
Call Davis and Associates, Attorneys at Law, LLC at (847) 610-6791 for your Consultation with a Grayslake Domestic Violence lawyer.