Every situation of domestic violence is factually unique, especially when you consider Illinois laws cover various personal relationships and different acts of aggression. Though many presume issues only occur between spouses, the domestic violence statute specifically includes family members, housemates, parents who share a child, people in a current or past dating relationships, caretakers and disabled adults and many others. Also, the term “violence” incorporates a much wider range of acts other than just physical harm. Harassment, intimidation, and other misconduct also falls under the umbrella of domestic violence.
It is key to understand there is more than one process to pursue allegations of domestic violence. On the one hand, domestic violence could lead to a criminal conviction; on the other, the outcome could be a civil order of protection. Regardless of whether you must pursue or defend your interests, retaining a Chicago domestic violence attorney is essential. Some background information on these two types of domestic violence processes may also be useful.
Domestic Violence as a Crime
Illinois’ statute on criminal domestic violence includes definitions and elements for two specific crimes:
- Domestic battery is physical harm to another person or unwanted, offensive physical contact. The crime is a Class A Misdemeanor, punishable by up to one (1) year in jail, probation, fines, and other sanctions. However, domestic battery is a Class 4 Felony if the offender has a prior conviction, used a firearm, harmed a child, or the incident involved sexual assault.
- Aggravated domestic battery refers to a situation where the individual caused great bodily harm, permanent disability, or permanent disfigurement. The offense is a Class 4 Felony, which carries 3-7 years’ incarceration. In serious cases, the prison sentence may be up to 14 years.
You should note that a key element for both crimes is the accused and accuser were between family/household members defined in the law.
Domestic Violence and Orders of Protection
This type of domestic violence is non-criminal in nature – since the accuser is seeking an order from a civil court – instead of asking for an order of protection as part of a criminal case. The person, as petitioner, can request the judge enter an order directing the other person – the respondent, to avoid contact and be prohibited from engaging in other behaviors such as abuse, stalking, harassment, intimidation and more. There are some factors to keep in mind with orders of protection:
- Any person protected by the statute who has suffered abuse can seek an order of protection;
- An order of protection can be sought by the petitioner and issued by a judge on an ex parte emergency and temporary basis. The respondent may not receive notice until after the order is entered.
- The respondent does have the opportunity to appear in court to present a defense and contest the order of protection, even after an emergency order of protection is issued.
Get in Touch with a Chicago Domestic Violence Lawyer Right Away
For more information on the types of domestic violence, please contact Michael C. Craven. Our team has extensive experience on both sides of these cases. We’re prepared to assist pursuing your remedies or defending your rights. You can set up a consultation at our offices in Chicago, IL by calling (312) 621-5234 or visiting us online.