Domestic Battery and Orders of Protection
Domestic violence harms families, but so does putting a husband or father in jail. Prosecutors will press charges even against the wishes of the alleged victim. If you are facing accusations of domestic battery, the law firm of Stephen A. Brundage, Attorney at Law will do everything possible to limit the impact on your freedom and your family. Contact our Wheaton, Illinois, law firm at (630) 260-9647 to discuss your situation in a free consultation. We represent clients in DuPage, Kane, and Cook counties on family violence and restraining order charges.
Knowledgeable Domestic Violence Defense
Under Illinois law, domestic abuse may be charged on three levels:
- Assault (a threat of violence or emotional abuse)
- Battery (physical harm to another person)
- Domestic Battery (physical harm to a family member)
From my experience as a former police officer in DuPage County, I know that domestic violence often involves yelling, threats, shoving, or hitting by both parties. I can sometimes get charges dismissed if the wife or partner would incriminate herself by testifying. We use police reports, witness statements, or criminal history to get the criminal charge dropped or reduced.
Battery and domestic battery are normally Class A misdemeanors. However, battery is eligible for court supervision (probation, fines, counseling), while domestic battery requires mandatory jail time for conviction (up to one year in jail). If we cannot get charges dismissed, I can often negotiate with prosecutors to reduce domestic battery to battery to avoid jail and keep families together.
Orders of Protection / Violations of Protective Orders
After your arrest on domestic battery, a court may issue a temporary order of protection. This not only cuts off contact with your partner and children, but can damage your prospects in divorce or child custody proceedings. I vigorously represent clients in both the criminal aspects and the family court hearing on making the protection order permanent.
If you are charged with violating an order of protection, you face additional criminal sanctions on top of any domestic violence charges. Experienced legal counsel is critical to avoid the worst penalties.
Free Consultation: (630) 260-9647
Contact a defense lawyer immediately to protect your rights in domestic violence prosecution.