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IL criminal lawyerBeing a Class A Misdemeanor, a domestic violence conviction can get you tossed in the county jail for up to a year. That is one example of a judicial consequence - a sentence for a crime you have been convicted of. “Collateral consequences” are the things that can happen to you because of a domestic violence conviction other than the sentence imposed by the court. Things like losing your job and getting evicted are collateral consequences. The judge did not order your boss to fire you or tell your landlord to kick you out, but things like this happen anyway. When it comes to domestic violence - a heavily stigmatized crime - many people find the collateral consequences just as bad as if not worse than the judicial consequences. If you have been charged with domestic violence, you will need a strong legal defense team to protect you.

What Problems Might I Face After a Domestic Violence Conviction?

The collateral consequences of a domestic violence conviction can include:

  • Trouble with housing - If you lived with the alleged victim when you got arrested, you were probably served with a protection order that prevents you from going home. Yes, simply being arrested for domestic violence can make you immediately homeless, so you might be scrambling to find housing right now. Landlords may be very reluctant to accept a tenant with a domestic violence charge. True or not, potential landlords may assume you are a violent person and will cause trouble.
  • Reputation damage - You will be judged, both socially and professionally, if you are convicted of domestic violence. Some of your friends may no longer want anything to do with you, especially if you and the alleged victim had a lot of mutual friends - who are likely to side with them. You may find yourself feeling socially isolated and ostracized.
  • Professional licensing - Domestic violence is an automatic or near-automatic disqualifier for most professional licenses. Nurses, teachers, and more may be stripped of their licenses.
  • Difficulty with employment - Prepare to lose your current job. Many people do. Unless you are already in a line of work that frequently accepts people with criminal records, you might quickly find yourself without a job. Finding a new one can be difficult.

Even being accused of domestic violence can do significant damage to your life. A strong legal defense can mitigate any potential issues, and in some cases, can even clear your name.

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Rolling Meadows, IL domestic abuse attorney order of protection

For decades, various organizations have aimed to educate and advocate for those who have been victims of domestic violence, stalking, or sexual abuse. Unfortunately, these issues are still all too prevalent in the United States. According to the National Domestic Violence Hotline, more than 1 in 3 women and 1 in 4 men in America will experience some form of rape, stalking, and/or physical abuse by an intimate partner. In the state of Illinois, committing acts of domestic violence, sexual assault, stalking, or other acts of violence is illegal. Because these crimes are often so personal in nature, orders of protection or no contact orders may be requested to prevent the offender from any further abuse. Each type of order is different and violating the terms of an order against you can result in serious criminal charges.

Three Types of Orders

Illinois offers three types of orders to victims of abusive or harassing behavior: orders of protection, sexual assault civil no-contact orders, and stalking no-contact orders. The type of order that a person requests typically depends on the person’s relationship with the offender, but it can also depend on the specifics of the case.

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Rolling Meadows, IL criminal defense attorney domestic battery

Domestic violence is a serious systemic issue that has plagued the United States for years. As a response, prosecutors and other law enforcement officials have taken an aggressive approach to combat the issue, but it still remains prevalent in the country. According to data compiled by The National Domestic Violence Hotline, around 29 percent of women and 10 percent of men have reported experiencing rape, physical violence, and/or stalking by an intimate partner. In Illinois, domestic violence is a crime that can be elevated to a felony, depending on the specifics of the case. Felonies are crimes that carry serious consequences, but an experienced domestic violence lawyer can help you form a solid defense.

Misdemeanor Domestic Battery Charges

According to the Illinois Criminal Code, domestic battery occurs when any person knowingly and without justification causes bodily harm to any family or household member or makes physical contact of an insulting or provoking nature. The first instance of this crime is charged as a Class A misdemeanor, which is the most serious classification of a misdemeanor in Illinois. Class A misdemeanors carry up to one year in prison and up to $2,500 in fines.

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Rolling Meadows, IL domestic abuse defense attorney

In today’s world, social media plays a big part in many people’s daily lives. Platforms like Facebook, Twitter, and Instagram are used by millions of people across the world to connect with one another. Social media is so ingrained into our society that it is important to understand the effects that these digital networking platforms play in our life. In particular, social media has created some concerns when it comes to dealing with domestic violence allegations. In certain scenarios, information or pictures that a defendant posted online could be used against him or her in a criminal case.

Domestic Abuse Laws in Illinois

The state of Illinois defines domestic violence as acts of harassment, abuse, intimidation, interference with personal liberty, or willful deprivation toward a family or household member. In many cases, acts of violence can also be considered assault and/or battery, but when these acts are allegedly perpetrated against a family or household member, they can lead to domestic violence charges.

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Arlington Heights order of protection defense attorney

Domestic violence is something that is taken very seriously in today’s world. According to the National Domestic Violence Hotline, more than 12 million people are victims of domestic violence each year. Being accused of domestic abuse can have a serious impact on your life. Under Illinois law, there are a number of solutions offered to family violence victims so that they can remain safe from harm. If you have been accused of domestic violence, and an order of protection (also known as a restraining order) has been issued against you, it is important to understand how what you can and cannot do, and you should be aware of the possible consequences for violating this type of order. In some cases, a restraining order may be based on false allegations. Regardless of the circumstances of your case, an experienced criminal defense attorney can advocate on your behalf to clear your record and your reputation. 

Requirements of an Order of Protection

If a family or household member has accused you of committing domestic violence, they may ask for an emergency order of protection to be issued. This type of order can be obtained even if you are not present at the hearing where it was requested, and once it goes into effect, it will impose a number of requirements that you must follow. After an emergency order of protection is issued, a hearing will be scheduled, and during this hearing, the judge will try to determine whether long term protections are necessary. If a plenary order of protection is issued, it may remain in effect for up to two years.

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