Elmhurst Domestic Battery Defense Attorney

DuPage County Domestic Violence Defense Attorney

Otherwise harmless arguments or other disputes can often escalate at home, and someone strikes or pushes another family member, with the police being called. Although one may think of this as a minor incident, this action may be charged as domestic battery. In Illinois, this is considered a significant and serious matter. When tempers subside, people believe that charges can be dropped and the whole incident erased. In DuPage County, this is not the case.

What Happens when Domestic Battery Charges are Filed?

Once a domestic battery charge is filed, it may not be dismissed even if the complaining witness may wish to do so. These matters are prosecuted and a conviction for domestic battery will be punishable with fines of up to $2,500 and up to one year in jail. Court supervision, where no conviction is entered on a person's record, is not available.

Illinois law defines domestic battery as an offense against a family member, spouse, boyfriend or girlfriend, or someone living within the same household. A person commits this crime by causing bodily harm or by making physical contact which is considered to be of a provoking or insulting nature.

Illinois has a "zero tolerance" policy when addressing domestic violence. When called to such situations, police are often required to make at least one arrest. This means one party will be required to spend at least one night in jail. That is followed by a 72-hour "cooling off" period where that person is expected to remain outside of the home. A domestic battery incident may also result in the filing of an order of protection or other proceedings initiated in divorce court, as described elsewhere on our site.

Consequences of Domestic Battery Conviction

Domestic battery has long-standing repercussions even if jail time is not a part of the sentence. Those found guilty and convicted of domestic battery may also experience one or more of the following issues:

• Denial of the right to carry a legal firearm;
• Trouble gaining certain kinds of employment;
• Limitation or loss of child visitation rights; or
• Introduced against you to deny you access to your children in any future child custody or visitation hearings.

Credit agencies and landlords are able to access records which will show any kind of conviction. A domestic battery conviction on your record would not bode well if you are looking for a new place to live. For this reason, if you are facing this charge, it is imperative to seek out a qualified criminal defense attorney immediately. Being charged with the crime does not mean you will always be found guilty. Your attorney will examine the charges against you and identify weaknesses in the prosecution's case that can have the charges reduced or dismissed.

Contact a Hinsdale Domestic Violence Attorney

If you have been accused of domestic violence or battery, you do not have to fight this battle alone. Kathryn L. Harry & Associates, P.C. represents clients for domestic battery and other criminal legal cases in DuPage County, including Elmhurst, Oak Brook, Darien, Wheaton, and Willowbrook. For a free consultation with our office, contact our office at 630-472-9700 to get the help you deserve.