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IL domestic violence lawyerAbuse or domestic violence can come in all varieties. An alleged abuser can physically harm their victim or they can cause mental harm by verbal abuse or manipulation. Whichever form it comes in, domestic violence is a serious crime that can change the dynamic of a household.

Kidnapping is a felony offense and while it may not be directly considered domestic violence, in Illinois it is a way that an alleged abuser can violate an order of protection. This will bring about further consequences to the kidnapper.

What is an Order of Protection?

Most cases of domestic violence are when the woman in the relationship is the victim to the man. Some other cases see children as the victims to either parent. For each case, though, victims of domestic violence can elect to put an order of protection in place.

They do this by:

  • Reporting the abuse
  • Asking an attorney to file for one in civil court
  • Ask for one during a divorce
  • Request one during the criminal trial for abuse
  • Obtain papers from the circuit clerk’s office
  • Ask help from a domestic violence program

Once the protection order is in place, the alleged abuser will be barred from contact with the victim(s). This includes contact via physical proximity as well as phone calls or emails. In the end, protection orders serve the purpose of halting the abuse and protecting the victims.

Violation of a protection order is a Class A misdemeanor in Illinois. Abusers can go to jail for up to one year and/or pay a fine of $25 for first offenses.

How Does Kidnapping Violate a Protection Order?

Since an order of protection limits contact between abuser and victims, kidnapping goes against how the court expects an alleged abuser to behave.

Illinois law defines kidnapping as:

  • Secretly confining a victim without their consent
  • Forcibly carrying a person from one place to another with intent to conceal them without their consent
  • Deceiving a person to come with an alleged kidnapper to a secret place
  • Keeping a child away from his/her parent

These crimes are charged as a Class 2 felony in Illinois which the alleged abuser will face on top of punishments for violating a protection order.

Contact an Elgin, IL Domestic Violence Lawyer

Domestic violence cases can get messy if one person tries to seek vengeance against the other person. An alleged abuser could be framed for violating a protection order if the victim wants more justice than is lawful. If you are fighting charges for violating an order of protection, contact a lawyer from the Law Offices of Brian J. Mirandola to protect your rights. To schedule a free consultation with a Kane County domestic violence lawyer, call our office at 847-488-0889.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=12200000&SeqEnd=13600000

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

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Posted on in Felonies

IL defense attorneyThe state of Illinois has multiple laws that cover kidnapping and other similar crimes that relate to kidnapping. The general definition as written by Illinois law says that kidnapping is the act of taking, restraining, and hiding another person against their will.

This victim does not have to be a child, though punishments for abducting a child are more severe. It is also more common for the victim to not know their abductor, but crimes such as parental kidnapping do exist in Illinois.

Regardless of the relationship to the victim, abductors who are caught can face felony charges and be punished by means of jail time and monetary fines.

What Types of Kidnapping Does Illinois Punish?

The most common type of abduction is a random stranger encounter. This is when an alleged kidnapper singles out a random victim and then carries out the crime for whatever reason. Another common kidnapping happens within a broken household; a divorced person without custody of their child may attempt to kidnap the minor from the other parent to get revenge on their ex-partner.

These types of kidnappings can have specific reasons for the crime:

  • Revenge
  • Ransom
  • Sexual violations
  • Extortion
  • Human trafficking

Besides kidnapping for ransom, the above-mentioned types of kidnapping are punished as a Class 2 felony. Those convicted will face a jail term of 3-7 years and pay a fine of at most $25,000.

Aggravated kidnapping is a more serious type of abduction in which the victim is being held for ransom or the abductor used a dangerous weapon when carrying out the crime. Also, if the abductor hides their identity with a mask, they will be charged with aggravated kidnapping.

This crime sees charges elevated to a Class X felony with a prison term of 6-30 years and a fine of at most $25,000. If the court chooses - or if other felonies were committed during the kidnapping - then extra jail time of 15-25 years will be added to a sentence.

Illinois law also covers lesser crimes that relate to kidnapping including:

  • Unlawful restraint and aggravated unlawful restraint
  • Child abduction
  • Luring a minor
  • Aiding or abetting a child abduction
  • Harboring a runaway

How to Defend Allegations of Kidnapping

The most common strategy to avoid a kidnapping conviction is to prove that the alleged victim gave consent or wanted to be with the person that supposedly kidnapped them. For adult victims, this can be easy to prove, but when the victim is a child, the court is less likely to believe this explanation.

If the child is under 13 years of age or has a mental disability, the court will find that they are not capable of giving consent to another person to take them away from home or family.

Other defense strategies include proving:

  • Mistake of fact
  • Insanity
  • The victim did still have free will to leave

Contact an Elgin, IL Criminal Defense Attorney

Allegations of kidnapping or any of the other Illinois laws against abduction can have serious consequences to a person. The lawyers of the Law Offices of Brian J. Mirandola can help defend the rights of anyone being wrongfully accused of kidnapping. To schedule a free consultation with a Kane County criminal defense lawyer, call our office at 847-488-0889.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=12200000&SeqEnd=13600000

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