Domestic Battery & Domestic Violence Lawyers
Domestic Battery | Domestic Violence Attorneys Serving Kane, Kendall & DeKalb Counties
Whenever a relationship becomes violent, it is always a serious situation that is cause for concern on multiple levels. From a legal perspective, this is true even when the people in question have no prior relationship or connection. When the opposite is true and the individuals in question have an extensive relationship, however, the circumstances become even trickier to navigate.
When physical violence, physical harm, or a violent act happens either within a dating relationship or within a family, the charges involved might be considered domestic violence rather than simple assault or battery. As the name implies, domestic violence is violence that occurs within the domestic sphere. Violence that happens between spouses, between partners, or between any individuals with any kind of familial relationship is generally considered domestic violence. This kind of crime can lead to criminal or civil charges – that is, the perpetrator could find themselves facing criminal charges rather than “just” civil ones, leading to a criminal record and serious consequences.
If you have found yourself involved in a domestic violence dispute, your best bet is to contact a lawyer who understands this area of the law and can work hard to ensure you receive a fair trial where your rights are upheld. At Van Der Snick Law Firm, we are concerned with doing our very best to help better your situation. To that end, we work closely with our clients to determine the best way to move forward with their cases.
Criminal Domestic Violence Charges
Domestic violence is an umbrella term that encompasses a great deal of nuances and charges underneath it. Criminal domestic violence charges tend to focus on one thing, however, and that is physical harm. It is not unheard of for criminal charges to be levied for something other than said physical harm, of course, or that charges in addition to physical harm could be pursued. But in general, criminal charges for domestic violence will be focused upon the presence of physical harm, its severity, and its type. It should be noted that criminal domestic violence charges will result in more severe punishment than civil charges, as criminal charges are considered to be more serious in nature. Should you find yourself facing criminal domestic violence charges, you should reach out to an experienced attorney right away for help in handling your case.
Civil Domestic Violence Charges
While mentioned that criminal domestic violence charges cover physical harm, it is important not to assume that this means civil domestic violence charges do not. In fact, civil domestic charges tend to emphasize emotional, sexual, and physical harm. That means that someone facing civil domestic violence charges could be found guilty of a great many different kinds of harm, not just “simple” physical harm. The kind of punishment those found guilty of domestic violence crimes receive tends to vary from situation to situation, but it can result in time behind bars even if the charges are civil in nature.
Domestic Violence Act
In Illinois, there is a Domestic Violence Act that works to cover the punishments associated with domestic violence. It includes violence within the following relationships:
- Current or former spouses.
- Current or former dating relationships.
- Child and parent or stepparent and child relationships.
- Individuals related by blood via a child.
- Parents with a child in common.
- Any family members that are related by blood.
- Former or current roommates.
- Elderly or disabled adults and caregivers.
Violence in any of the above relationships can result in a domestic violence dispute.
Aggravated Domestic Battery and Domestic Battery
Domestic violence laws in Illinois have established various criminal offenses related to aggravated domestic battery and domestic battery. Note that battery in a crime that occurs when one person directly harms another person – this can include insults. In order to be convicted of domestic battery, it must be proven that the battery in question happened within one of the above relationships as defined by the Illinois Domestic Violence Act. If the perpetrator intentionally caused serious (known as “great”) bodily harm, or if the harm in question resulted in disfigurement or a permanent disability, then the charge can be elevated to that of aggravated domestic battery.
Domestic Violence Convictions and Consequences
Should you be convicted of domestic violence, you should be aware that the consequences could be devastating. This is especially true if children are involved. Because these kinds of cases and crimes can be highly emotional, the best option is to reach out to an experienced lawyer who can help you be calm and review your options.
Contact A Domestic Battery & Domesic Violence Lawyer Today!
At Van Der Snick Law Firm, LTD our experienced attorneys can help review your case and determine the best possible defense. We work hard to ensure that you receive the best possible outcome given the situation.