Practice Areas ➤ Domestic Violence arrests and Orders of Protection
Domestic violence arrests often contain two parts, the criminal case itself, and a part that involves an order of protection (OP). Both are serious, and having an experienced criminal defense attorney for both is important to protect your rights and defend you.
The Illinois Domestic Violence Act (750 ILCS 60) defines domestic battery as “physical abuse, harassment, intimidation of a dependent, interference with personal liberty, or willful deprivation” of another family or household member (750 ILCS 60/103). This act is a violent crime according to 720 ILCS 5/12-3.2, which states that domestic battery is a Class A misdemeanor, or a Class 4 felony if the defendant has any prior conviction for domestic battery under the same statute. If the alleged victim is seriously injured, the crime could be considered a more serious felony with mandatory imprisonment.
Part of the Illinois Domestic Violence Act is a provision regarding orders of protection. Some states refer to these as restraining orders, domestic violence injunctions or protective orders. An order of protection is a court order and not a criminal arrest or charge. However, violation of an order of protection can warrant an arrest. The act protects a person from being abused by a family or household member.
And order of protection can force you from ceasing in certain behaviors that are deemed threatening, force an individual out of their residence, order the recipient to stay away from certain areas, require the recipient attend counseling, cause the recipient to temporarily lose custody or visitation of a child, require them to pay child support and alimony, and force the recipient to give up any weapons they own.
Although orders of protection are considered civil court orders, they often result from criminal allegations of domestic violence. They also can lead to criminal charges if the order is violated.
Many accusations of domestic battery, abuse, and violence are false. The Chicago Police Department investigates numerous cases involving false accusations of domestic violence. If you are under such investigation, the best action you can take in your defense is to hire a criminal defense lawyer as soon as possible. A Chicago criminal defense attorney can skillfully defend you during your pre-charge investigation before you are even officially charged with domestic battery.
Any domestic violence arrest is a serious charge with serious consequences, and the longer you wait to hire a lawyer, the more difficult it will be to protect your rights and fight your case. Consult with Joshua Kutnick as soon as possible to begin defending yourself against these serious accusations. We have represented numerous people accused of various domestic-related crimes over the years, often with very successful results. Contact us today at 312-441-0211 and schedule a consultation. Let us protect you and your rights.