Former State's Attorney With Over 35 Years of Experience
This is my last post regarding what to expect when facing a domestic violence case in Chicago. My last post discussed your right to self-defense in domestic situations and the ways your attorney will aid you in mounting such a defense at trial. The series also discussed reasons why Illinois residents may find themselves facing false claims of domestic violence. Intimate relationships can turn contentious and angry. Partners may then act out for a number of reasons. Fights about child custody and cheating are two very common reasons people may face false allegations.
This series also discussed the process one faces when charged with domestic assault. Sometimes an emergency order is issued at the time you are arrested or cited on a domestic battery charge. When you make your first court appearance, the judge will issue a more permanent order pending resolution of your case. It is likely this will prohibit you from having any personal, telephonic, electronic or third-party contact with your accuser. If your children were present at the time of the incident then the order may include them.
It is imperative that you abide by the conditions of any protective order. Violation of that order, even in a way which is peaceful or conciliatory, is a new crime and can damage the defense of your initial case. The punishment for violation of orders increases with each violation and you can quickly find yourself facing significant time in jail. Even if your accuser calls you and asks you for money, to come home, to pick up the children or groceries, you must not pick up the phone, text, email or otherwise respond.
Domestic violence cases are very fact specific and require attention to detail and adequate investigation. Your criminal defense attorney will review all reports, including police reports detailing prior incidents between you and your accuser or other intimate partners. Your lawyer will also request any reports filed about or by your accuser and interview all witnesses to determine whether your accuser had a motive to lie or reputation for lying or violence. Additionally, your counsel will request any audio or video evidence such as 9-1-1 calls or recordings created at the time of the incident and will interview you in detail about the events that lead to your arrest and your history with your accuser and other intimate partners.
An experienced defense lawyer who handles domestic violence charges is key to the best outcome when you are accused of such an assault. If you have been arrested or charged with domestic violence contact my Orland Park office today for a consultation with a Chicago attorney. I also handle matters in areas of Cook County including Glenview, Palos Park, Oak Lawn, Oak forest, Blue Island, Palos Heights, Palos Hills, Alsip, Bridgeview, Lemont, Orland Hills, Country Club Hills, Hickory Hills, and Tinley Park, in DuPage County areas including Downers Grove, Naperville, Woodridge, and Darien, in Kane County areas including Aurora, Elgin and Geneva, and the Will County cities of Joliet, Bolingbrook, Mokena, Frankfort, New Lenox, Lockport, Homer Glen, Romeoville, and Manhattan.