Domestic violence is no joke. It happens to families from all walks of life. Rich and poor. Educated and blue-collar. White, black, and brown. It can happen to anyone.
We are strong advocates for victims of domestic violence in Orders of Protection. Obtaining an Order of Protection or No Contact/No Stalking Order, commonly referred to as restraining orders, is a lot more complicated than it should be.
The rules of evidence and court procedures must be followed by everyone, including victims of domestic violence. It takes years of training and hearing experience to perfect the tools to win cases in court. In the last 6 years, we have represented dozens and dozens of people and gone to hearings 23 times, winning 19 of them.
We have a proven track record of fighting and advocating for people on both sides of the equation.
There are many kinds of actions that can lead to a domestic battery charge, and the consequences can be severe from the moment you are charged.
This is all before you get your day in court.
Domestic Battery is a class A misdemeanor, punishable by up to 364 days in jail and up to a $2,500 fine or both.
You cannot receive supervision if you are guilty, and a conviction must be entered on your record if you are found guilty or plead guilty to domestic battery.
This is a very serious offense with numerous collateral consequences, including the potential to impact your job, housing, 2nd amendment rights, and your professional licenses.
A conviction for Domestic Battery can also be used to enhance any future Domestic Battery charges to a felony.
A Domestic Battery charge can be enhanced to a class 4 felony if you have 1 or 2 prior Domestic Battery convictions. There is a long list of offenses that may lead to felony eligibility of a Domestic Battery charge.
Maximum Sentence: 1-3 years in prison and up to a $25,000 fine
Minimum Sentence: 72 consecutive hours in jail
A Domestic Battery charge can be enhanced to a class 3 felony if you have 3 prior Domestic Battery convictions.
Maximum Sentence: 2-5 years in prison and up to a $25,000 fine
A Domestic Battery charge can be enhanced to a class 2 felony if you have 4 prior Domestic Battery convictions.
Maximum Sentence: 3-7 years in prison and up to a $25,000 fine
A person who, in committing a domestic battery, knowingly causes great bodily harm, or permanent disability or disfigurement commits aggravated domestic battery. 720 ILCS 5/12-3.3
You may also be charged with aggravated domestic battery if, in committing a domestic battery, it is alleged that you strangle another individual. “Strangle” means intentionally impeding the normal breathing or circulation of the blood of an individual by applying pressure on the throat or neck of that individual or by blocking the nose or mouth of that individual.
Maximum Sentence: 3-7 years in prison and up to a $25,000 fine
Minimum Sentence:
1st Offense: 60 consecutive days in jail
2nd Offense: 3 years in prison
An Order of Protection (“OP”) is a civil order barring any and all contact with one or more individuals, their residence, and usually a 200 or so foot stay away order. An OP can be obtained by anybody who alleges that a family or household member is harassing, abusing, stalking, or threatening to abuse them.
This includes spouses, former spouses, parents, children, stepchildren and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling (aka roommates), persons who have or allegedly have a child in common, persons who share or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, and persons with disabilities and their personal assistants and caregivers.
After drafting a petition, a person requesting the OP goes in front of a judge and describes why they need the OP, and the judge will do one of several things:
Deny the request outright.
Deny the request for emergency relief and set the matter for a hearing.
Grant the request for emergency relief and issue an Emergency Order of Protection and set the matter for hearing within 21 days.
If an Emergency Order of Protection is issued, it will be served on the Respondent. The protections begin once a Respondent is served with the Order by the Sheriff.
This type of order is essentially the same thing as an Order of Protection. However, this is the type of Order used when the individuals are not family or household members or have no prior dating relationship.
Some common examples of when a No Contact Order is used:
Neighbor disputes
Employment disputes
The person asking the Court for an OP.
The person being barred from making contact.
Anybody that is protected by the terms of the OP. This can include children or elderly individuals if they are unable to request an OP themselves.
If the Respondent is served and fails to appear AND the Petitioner shows up and asks for a 2-year Plenary Order of Protection, it will most likely be granted.
If the Petitioner does not appear at the hearing date, the Judge will dismiss the request for an Order of Protection.
If both parties appear, the Judge will conduct a hearing to determine if extending the Emergency Order of Protection is necessary. If the Judge decides the Petitioner has proven their case, they will issue up to a 2-year Plenary Order of Protection. The Judge may not be convinced after a hearing and deny the request for a Plenary Order of Protection.
If your case goes to a hearing, the Judge will enforce the Illinois Rules of Evidence and the Illinois Code of Civil Procedure while conducting the hearing. Only an attorney experienced in contested hearings can properly advise if you should consider hiring an attorney for your case.
For those accused of domestic battery, the consequences can be severe for even the slightest of charges. You CANNOT receive supervision if you are guilty of domestic battery. A conviction stays on your record for life and can be used to enhance any future domestic battery charge to a felony.
Domestic battery, contrary to popular belief, comes in many different forms:
We can go on for dozens of combinations. The point is, domestic battery encompasses a lot more than you think. And there is always more than one side to the story.
If you are the Respondent in an Order of Protection or No Contact proceeding, you are barred from making any contact with the protected parties and their residences and places of employment by direct or indirect means, including through third parties, and are usually required to stay at least 200 feet away from any protected party, including in public.
You may experience collateral consequences, such as an impact on your employment or a revocation of your FOID card, all before your day in Court.
Furthermore, if a violation occurs, you may be charged with a class A misdemeanor of Violation of an Order of Protection. This charge requires that you spend the night in jail and go in front of a Judge the next morning before you are released.
The Illinois Domestic Violence Act of 1986 determines how domestic violence cases are handled within the court system. These cases are treated differently than other incidents involving violent acts. The Act stipulates what constitutes a domestic dispute and who falls within the legal guidelines of this law.
Illinois domestic violence charges result from acts of violence against family members, defined as anyone who:
In a domestic violence case, the State is the entity that presses charges. Therefore, the alleged victim is unable to drop the charges. The only way the criminal charges can be dropped is if the prosecutors determine that is the best course of action, sometimes as a part of a negotiation.
Though this creates challenges when charges are filed as the result of a misunderstanding, these strict procedures are in place to help protect domestic violence victims who may face pressure to drop the charges.
Along with recent additions such as Marsie’s law, procedures have been put in place that make it more difficult for everyone to navigate a domestic violence case.
What if you are facing Illinois criminal charges and an Order of Protection or No Contact Order? Anything you say in the civil proceeding can be used against you in the criminal case. Gun owner? Are you okay with your 2nd amendment rights being taken away?
Make sure you are prepared for what you are facing and protect your constitutional rights by hiring an experienced domestic violence attorney.
Simply fill out the form below for a free consultation or visit Nold & Walsh, LLC, in Crystal Lake, Illinois.
