Being charged with a violent crime like domestic violence is a grave matter that Illinois courts do not take lightly. Unfortunately, something that often plagues those accused of committing acts like domestic violence is that the public and law enforcement often act as though the accused is automatically guilty. This dangerous rush to judgment can unfairly impact the accused person and their chance of receiving fair treatment under the law. 

If you have been charged with committing acts of domestic violence, contact a knowledgeable domestic violence attorney to protect your rights and ensure they are not infringed upon. This blog will look at common mistakes people charged with domestic violence often make and how those mistakes can prove detrimental to the defendant. 

What Not to Do After You Are Arrested and Charged

You begin building your defense as soon as you are arrested. What you say and how you act during and after your arrest can and will be used against you, assuming you act improperly. Acting improperly may involve speaking too much with the police or trying to tell the police your side of the story. As soon as it is clear you are under arrest, do not speak to the police. Act respectfully and do not resist.

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Domestic violence and sexual violence is often perceived to be interchangeable. Sexual violence can occur by an otherwise trusted family member, spouse, or significant other at home. However, domestic violence and sexual violence are very distinct with different consequences.

What Is Domestic Violence?

Domestic violence is defined as the occurrence of when a partner or family member abuses another person physically, emotionally, financially, or sexually. The violence may occur only once, but is normally behavior that is repeated.

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Behaviors that are considered by law to be acts of domestic violence can range greatly, encompassing much more than physical acts of violence. Cutting off or taking complete control over a partner’s finances, belittling them by calling them names, or diminishing their self-worth through emotional manipulation are all other forms of abuse according to the law. Any type of domestic abuse allegation is a serious matter and can severely alter the offender’s life over the long term.

One step many victims take to combat the abuse they experience is to pursue an order of protection against the offender, which significantly restricts the offender in terms of contact. In short, an order of protection serves to help keep an abusive person away from a victim. It is a formal court order that places various limits on the offender in the state of Illinois in the following ways:

1. Bars the abuser from sharing a residence with the victim.

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The Illinois State Police report that domestic violence results in more injuries that require medical attention than a number of other violent incidents combined, including rape and muggings. Every fifteen seconds, a woman is beaten in the United States, and two out of every five women who are murdered are murdered by their husbands. With staggering statistics such as these, it is no wonder domestic violence continues to draw a heavy spotlight in our communities right here in Illinois state and throughout the nation. Domestic Violence Charges Change Lives Those accused of domestic violence offenses face a range of penalties, all of which yield the power to drastically alter the offender’s life. Under the Violence Against Women Act, a domestic violence act is considered a federal crime, with prison terms ranging from five years to life, depending on the nature of the bodily injury inflicted on the victim. Along with prison time, offenders may be required to pay the victim for losses to account for any medical or psychological care, physical therapy, transportation, or temporary housing that was acquired due to the crime. They may also be held liable for child care expenses, lost income, attorney fees, and other costs that were incurred from obtaining a civil protection order. These fines, paired with jail time and damage to a reputation, can severely impact an offender’s life for the long term. What Defines Domestic Violence? According to the United States Department of Justice, a pattern of abusive behavior that is used by one partner to gain or maintain power and control over another intimate partner is defined as domestic violence. There are various types of abuse, ranging from sexual and physical to emotional and psychological abuse. Actions and behaviors that are illegal and can result in criminal charges include everything from hitting, slapping, and sexual assault, to undermining someone's sense of self-worth. Calling an intimate partner names, making threats against them or their family or pets, stalking, or harassing them in any way that steals their sense of safety is an act of domestic violence. Other Types of Domestic Abuse While we hear much about extreme acts of physical abuse when it comes to the topic of domestic violence, economic abuse is another form of domestic violence that has very damaging psychological effects on victims. Offenders who make or attempt to make their intimate partner financially dependent on them by taking complete control over financial resources are guilty of this crime. This includes withholding access to money, or even forbidding or preventing their partner from attending work. This is typically done through threats, fear, and intimidation.

The range of acts that are considered by the law to be domestic violence crimes is vast. If you have been accused of any of these crimes or feel the claim against you is unjust, it is important to speak with a qualified Chicago criminal defense lawyer right away to ensure your rights are not at stake. Call the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney today at 312-629-0669 for a consultation.

 

Sources:

https://www.justice.gov/ovw/domestic-violence

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

https://www.justice.gov/usao-ndga/victim-witness-assistance/federal-domestic-violence

In the United States, a woman is beaten every fifteen seconds, and at least ninety-five percent of all domestic violence cases involve a man beating a woman. With statistics like these, it is no wonder that the law takes domestic abuse seriously. Criminal domestic violence allegations are capable of affecting a person’s livelihood, reputation, and emotional wellbeing, and sadly, there are times when a number of these allegations are a result of misleading - or entirely false - reports by the other domestic partner.

Men More at Risk for Facing  Domestic Violence Charges

While men also fall victim to abuse, statistics illuminate the overwhelming reality that women are typically the ones to be abused in relationships. Due to this trend and the statistics that consistently back it up, a significant amount of men who are truly innocent of such offenses often find themselves up against serious criminal charges when allegations are brought against them.

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