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 illinois criminal defense lawyerIllinois Gov. J.B. Pritzker signed a package of bills into law last month that expanded the rights of domestic violence survivors. Lawmakers say the measures were designed to strengthen domestic violence laws in the state as well as improve financial and emotional support for survivors. The governor said the package makes Illinois “safer and more compassionate” as it “unlocks opportunity” for survivors. 

Seven Bills Addressing Domestic Violence in Illinois

The first bill, House Bill 3582, expands the Illinois Victims’ Economic Security and Safety Act, or VESSA. The law was originally designed to provide financial help and safety for violent crime victims. Under the revised VESSA, employers are prohibited from discriminating against domestic violence victims and victims may take up to 12 weeks of unpaid time off from work. The legislation also redefines who qualifies as a “household or family member.” HB 3582 is scheduled to take effect on January 1, 2022. 

House Bill 3223 provides new support to students who are survivors of sexual abuse or gender-based violence, parents, and parents who are expecting. Measures include:

  • Requiring schools to have at least one trained staff member to respond to domestic or sexual violence or gender-based harassment. 

  • Protecting student privacy with new confidentiality procedures and limits the questioning of survivors to trained professionals. 

  • Allowing students to be excused from school due to domestic or sexual violence.

  • Establishing a “Success in School Task Force” to create and amend school policies so they are survivor-centric. 

  • And, requiring schools to review and revise all existing policies and procedures so students can report incidents easier. The review must take place before July 1, 2024, and be followed up every two years after. 

House Bill 3484 was written to support individuals with a limited income to obtain the services of a lawyer during a divorce. Specifically, by requesting the opposing party pay for it. This takes effect on January 1, 2022. 

House Bill 3485 creates a Hope Card program, which publishes order of protection data on easy-to-read cards. This begins January 1, 2022. 

Senate Bill 920 creates the Illinois Forensic Science Commission to improve communication and coordination between the government and victims and stakeholders. It goes into effect immediately.

House Bill 3317 creates the Domestic Violence Taskforce Act, which creates a team to review domestic violence laws and make recommendations to improve them. It goes into effect immediately.

Senate Bill 685 creates the Domestic Violence Fatality Review Commission, a 20-panel committee scheduled to meet quarterly and produce a biannual report for lawmakers. It takes effect immediately. 

Contact A Kane County Domestic Violence Defense Lawyer

Domestic violence incidents are considered a serious matter, so any accusation could have severe consequences, including criminal penalties. If you have been charged with domestic violence, contact an experienced Kane County domestic violence attorney for legal support. Brian J. Mirandola has spent his entire legal career working in criminal law and he is ready to put this experience to work for you. Contact The Law Office of Brian J. Mirandola today to schedule a free consultation. Call 847-488-0889.

 

Source:

https://www.illinois.gov/news/press-release.23774.html

 

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Aurora IL criminal defense lawyerBeing accused of domestic violence can be devastating. These types of claims can permanently damage a person’s reputation while also affecting their relationships with family members or friends. Accusations can also lead to criminal charges, and in serious cases, these crimes may be considered felony offenses. A felony conviction can result in a prison sentence of one year or more, as well as up to $25,000 in fines. In domestic violence cases, a person will need to know how the law applies to them and their options for defense.

Felony Domestic Violence Charges

Accusations of domestic violence may result in the following types of felony charges:

  • Domestic battery - This offense may apply if a person allegedly caused bodily harm to a member of their family or a person who lived in their household. While a first conviction of domestic battery is usually prosecuted as a Class A misdemeanor, a second offense is a Class 4 felony. Aggravated domestic battery charges may apply if a person’s actions allegedly caused great bodily harm, permanent disability, or disfigurement, or if they allegedly strangled a person while committing domestic battery. Aggravated domestic battery is a Class 2 felony.

  • Criminal sexual abuse - This offense involves committing an act of sexual conduct by force or threat of force, and it is usually prosecuted as a Class 4 felony. Charges of aggravated criminal sexual abuse, a Class 2 felony, may apply if a person allegedly committed an act of sexual conduct with a family member who is under the age of 18.

  • Stalking - If a person is accused of acting in a way that caused a person to fear for the safety of themself or their family members, including by following them, placing them under surveillance, or making threats, they face Class 4 felony charges.

  • Violation of an order of protection - Accusations of domestic violence may lead to the issuance of an order of protection that requires a person to stay away from and refrain from contacting their spouse, children, or other family members. While violating the terms of an order of protection is usually prosecuted as a Class A misdemeanor, an alleged offender may face Class 4 felony charges if they had previously been convicted of violent crimes or offenses related to domestic violence.

Contact an Elgin Domestic Violence Defense Lawyer

If you have been accused of committing domestic violence, you will want to work with an experienced lawyer to determine the steps you can take to defend against these types of charges. The Law Office of Brian J. Mirandola can represent you during your criminal case, and we will work to minimize the consequences to your life, your reputation, and your freedom. Contact a Kane County domestic battery defense attorney at 847-488-0889 for a complimentary consultation.

 

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+12%2C+Subdiv%2E+5&ActID=1876&ChapterID=53&SeqStart=21300000&SeqEnd=23400000

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+11&ActID=1876&ChapterID=53&SeqStart=14400000&SeqEnd=21000000

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-7.3

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Elgin IL domestic violence defense attorneyWith lockdowns due to the COVID-19 pandemic having occurred throughout the country, and indeed the entire world, there has been an uptick in domestic violence as partners and families are spending more time in close quarters. Recently, November 25 marked the International Day for the Elimination of Violence Against Women, with protests in countries around the world attempting to raise awareness of this important issue.

With tensions running high during this time, you may also be more likely to face allegations of domestic violence that you believe to be unfounded. If so, an attorney can help you protect your rights and develop a defense strategy through which your perspective can be heard. Know that an accusation does not necessarily have to result in a criminal conviction.

Responding to Allegations of Domestic Violence in Illinois

Here are some suggestions to guide you through any possible domestic violence charges you might face when staying at home during the pandemic:

  • Understand your rights. Although allegations of domestic violence can seem difficult to overcome, you have the right to a fair trial and a qualified defense attorney who can handle your case. You also have the right to decline to answer questions from law enforcement without the presence of your attorney. If you are a parent, it is important that you understand how domestic violence allegations could impact your child custody rights so that your attorney can help you avoid excessively negative consequences.

  • Comply with orders of protection. Though it may be frustrating when you are facing allegations that you believe to be untrue, it is still important to comply with the terms of orders of protection issued against you. If you wish to contest an order of protection, perhaps because you believe it causes you undue hardship during a time when staying away from your home is difficult, you should do so with the help of your attorney through the appropriate legal avenues rather than trying to take matters into your own hands. Violating an order can result in further legal consequences, and it could negatively impact the outcome of your criminal trial.

Contact an Aurora, IL Domestic Violence Lawyer

If you are accused of domestic violence or abuse, it is important to think carefully about how you respond. You should consider seeking the guidance of an experienced Elgin, IL domestic abuse attorney who can advise you on the best course of action and ensure that your rights are protected throughout the process. Call the Law Offices of Brian J. Mirandola at 847-488-0889 for a free consultation.

 

Sources:

https://news.yahoo.com/women-call-end-domestic-violence-184432328.html

https://illinoisattorneygeneral.gov/women/victims.html

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59

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IL defense attorneyOverall, the broadening of domestic violence laws and resources has helped victims throughout the U.S. However, that does not mean that there are not people who make false accusations of abuse. If someone falsely accuses you of domestic violence, you should take the possible conviction seriously and develop an aggressive defense with a trustworthy domestic violence attorney.

Although domestic violence usually implies an abusive relationship between spouses or people in an intimate relationship, Illinois law expands that definition to include more potential victims. The Illinois Domestic Violence Act states that the following parties can make domestic violence claims:

  • Family members related by blood
  • People who are married or used to be married
  • People who share or used to share a home, apartment, or other common dwelling
  • People who have or allegedly have a child in common or a blood relationship through a child in common
  • People who are dating or engaged or used to date, including same-sex couples
  • People with disabilities and their personal assistants

If a vengeful spouse or partner falsely accuses you of domestic violence, they might be doing so to gain full parenting rights or a larger share of marital assets. Although it can be difficult for someone to make false allegations of domestic violence without much evidence, defending against them can be just as challenging due to a potential lack of witnesses.

First Steps Towards Defending Against False Accusations

Typically, when someone makes a domestic violence claim in Illinois, a court will issue an Order of Protection that restricts the ways the accused can interact with the alleged victim. Regardless of how you feel about an Order of Protection being levied against you, it is essential to carefully abide by the restrictions specified. If you show anger or frustration with the OOP, a court might lean towards ruling in favor of the accuser.

Even if the Order of Protection was filed on false accusations, you could still face criminal penalties for failing to abide by it. An OOP also requires you to attend various hearings: attend these or risk being punished. In the meantime, find any witnesses and work closely with your attorney to overcome false domestic abuse claims.

Contact an Elgin, IL Domestic Violence Attorney

Domestic violence charges are not to be taken lightly. You should treat them as such by seeking the help of a seasoned Elgin, IL domestic violence attorney. Call 847-488-0889 to schedule a free consultation at The Law Office of Brian J. Mirandola. Our experience helping clients fight domestic violence charges will prove immensely helpful when developing your defense.

 

Sources:

https://illinoisattorneygeneral.gov/women/victims.html

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59

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IL defense lawyerDomestic abuse charges have many possible outcomes, one of which is that an order of protection will be placed against the accused. In 2020, the rules regarding how an order of protection is allowed to be issued are changing slightly to grant victims of domestic abuse more safety. However, if you are accused of domestic abuse, this new rule could change how your case plays out. During divorce proceedings or if you believe you have been wrongfully accused of domestic violence, speak with an experienced domestic violence attorney to protect your rights.

New Order of Protection Laws in Illinois

Before 2020, the accused party in a domestic abuse case would be notified of any order of protection filed against them. In some cases, this encouraged abusers to contact them and potentially make these situations worse. However, the new bill that took effect in 2020 will allow orders of protection to not be available publicly until they have been served. If an OOP was served to you, this could mean that it would take longer to contest the order if it is unjustly strict or not representative of the relationship you had with your ex-partner.

Illinois Orders of Protection

With this new law in place, it is worth revisiting the implications of an Order of Protection. First, OOPs are to protect family or household members, not people in any other type of relationship. The OOP bars the abuser from contacting the person that served the order. However, these can be specifically tailored and are not the same across the board. For instance, OOPs could prevent a couple from sharing a residence, or they could just block the abuser from being near the petitioner while intoxicated or on drugs. OOPs can also have strong consequences for child custody and visitation rights.

Contact an Elgin Domestic Violence Lawyer

OOPs vary on a case-by-case basis, and whether you are trying to understand what to do next if an order was served against you or you are attempting to contest the order, the highly experienced attorneys at the Law Office of Brian Mirandola can assist you. With a deep understanding of divorce and domestic abuse law, we will aggressively defend your rights as an individual and as a parent. To schedule a free consultation with an Elgin domestic violence attorney, call 847-488-0889.

 

Source:

https://illinoisattorneygeneral.gov/women/ordersofprotection.html

https://charliemeier.net/wp-content/uploads/sites/37/2019/12/New-Laws-2020-FINAL-2.pdf

 

 

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