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Kane County Domestic Violence Lawyer

Every year, more than 10 million Americans are physically abused by an intimate partner. According to the National Coalition Against Domestic Violence (NCADV), this equates to one incident every 20 minutes. It is important to note many people accused of domestic violence are falsely accused.

Domestic violence charges can have a serious impact on your family law case and hurt your ability to gain future employment. If you have been accused of a domestic violence crime, it is important to seek skilled legal representation immediately. 

Domestic Violence Impact on Legal Matters 

The divorce process can be incredibly contentious, and in some cases, spouses try to use a domestic violence accusation as a way of gaining child custody or garnering a disproportionate amount of marital assets. According to the organization Stop Abusive and Violent Environments, allegations of domestic violence are made in approximately 25 percent of all divorce cases throughout the United States. 

In child custody issues, fathers often face an uphill battle going in, as only a small percentage of parents with sole custody are fathers. A domestic violence accusation can lead to a temporary restraining order, which may carry substantial weight in a family law case. According to studies conducted by SAVE, as many as 70 percent of all restraining orders are made on trivial or false grounds. It should be noted that 85 percent of restraining orders throughout the U.S. are issued against men. 

Legal Consequences of a Domestic Violence Conviction 

Outside of the potential impact on a family law case, a domestic violence conviction comes with serious legal consequences. Written within the Illinois Domestic Violence Act, a domestic battery conviction is classified as a Class A misdemeanor. If convicted, that can result in up to a year in prison, as well as substantial monetary fines. If you have been previously convicted of a domestic violence crime, it is possible your actions will be labeled as a Class 4 felony, which can result in a three-year prison sentence.

Contact a Kane County Domestic Violence Defense Lawyer

Attorney Brian J. Mirandola has dedicated his life to aggressively represent his clients, and help them through difficult circumstances and unjust allegations. With more than two decades of legal experience in Kane County, he has witnessed and fought against false accusations meant to cause the loss of custodial privileges, the seizure of assets, and jail time. To schedule a free consultation with an Elgin, IL criminal defense attorney that you can believe in, call us today at 847-488-0889.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100

http://www.saveservices.org/camp/faam-2011/false-accusations-of-domestic-violence-by-the-numbers/

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Posted on in Domestic Violence

domestic battery, Kane County family law attorneyDomestic battery is considered a serious offense in the state of Illinois, and those who are convicted can face heavy penalties. Even first-time offenders with no previous criminal record can experience permanent effects that impact their daily lives. If you are facing domestic battery charges, understand these potential consequences, and how you can most effectively protect your future.

What Is Domestic Battery?

Illinois state law defines domestic battery as intentionally or knowingly causing bodily harm to another family member, or intentionally provoking or threatening a family member in a way that makes them believe you may cause them bodily harm. This can extend beyond those that live with you and may include:

  • Spouses or former spouses;
  • Parents;
  • Children or stepchildren;
  • Current or former roommates;
  • Current or former live-in partners;
  • Current or former intimate partners;
  • Anyone you share a child or alleged child with; or
  • Any other person with whom you may have had a personal, familial, or intimate relationship.

Criminal Classification of a Domestic Battery Charge

First-time domestic battery is considered a Class A misdemeanor in the state of Illinois. Subsequent offenses are considered a Class 4 felony, as are charges involving the violation of an order of protection. Furthermore, there may be aggravating factors that can bump your misdemeanor domestic battery case up to a Class 4 felony case. An experienced attorney can help you understand these factors and determine if they may apply in your situation.

Consequences of a Domestic Battery Conviction

Conviction of a domestic battery charge carries serious consequences, regardless of whether you are facing a misdemeanor or felony charge. Some can significantly and permanently affect your life. For example, a misdemeanor domestic battery charge may only result in up to a year in jail and fines of up to $2,500. However, the conviction can never be expunged or sealed from your record. That means that every employer who does a background check will see your conviction. If you are facing a felony charge, you could spend up to three years in prison, and you will have a permanent felony on your record, which can limit where you live and work.

An experienced Kane County criminal defense attorney will work hard to protect you from the consequences of a domestic battery conviction. Experienced in handling these complicated cases, we will search for any and all possible defenses that may work for your situation and use them to gain leverage in your case. Get the aggressive representation you deserve. Contact us today to schedule your free initial consultation.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.2

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