Waukegan Domestic Violence Lawyer

 Domestic violence is a very serious crime in Illinois and prosecutors tend to be aggressive.  Several crimes fit into this broad category of cases.  In general, domestic violence refers to abuse involving a family or household member.

Domestic Battery

The most common crime under the category of domestic violence is ‘domestic battery’ as defined in 720 ILCS 5/12-3.2.  Domestic battery is the act of unlawfully and knowingly touching or injuring:

  • A member of the household (e.g. a spouse, significant other, child or step-child)
  • A person someone is dating (e.g. a boyfriend or girlfriend)
  • Anyone with whom a person has a domestic partnership (e.g. a grandparent)

Domestic battery is generally a Class A misdemeanor in Illinois and is punishable by a maximum of 364 days in the county jail and a $2,500 fine, or both. 

Felony Domestic Battery

Repeat offenders will be charged with ‘felony domestic battery’ for each incident after the first conviction.  Felony domestic battery is a Class 4 felony and is punishable by 1-3 years in the Illinois Department of Corrections.  When an individual is convicted of domestic battery, the conviction remains on the person’s record for the rest of their life.

Aggravated Domestic Battery

In some cases, a person can be charged with ‘aggravated domestic battery’ (see 720 ILCS 5/12-3.3).  A person will be charged with ‘aggravated domestic battery’, if while committing domestic battery, they cause ‘great bodily injury’ to the victim.  Aggravated domestic battery is a Class 2 felony punishable by 3-7 years in prison.

Violation of an Order of Protection

Another common charge in domestic violence court is a ‘violation of an order of protection’ (720 ILCS 5/12-30).  An order of protection (also known as a restraining order) is issued by a judge when a victim of domestic abuse requests protection from the alleged perpetrator.  Upon being issued, an order of protection will be enforced by the police.

In Illinois, any violation of an order of protection (VOOP) is typically considered a Class A misdemeanor and, therefore, is punishable by up to 1 year in jail and a $2,500 fine.  A person who is charged with violating an order of protection after previously being convicted of the same offense will be charged with a felony.

While a domestic violence charge usually carries severe legal repercussions, it also can be humiliating and emotionally devastating. 

If you or a loved one is accused of domestic violence in Waukegan, Lake County, or Cook County, it is extremely important that you immediately find a qualified criminal defense attorney. 

Call the the Law Offices of Winer & Winer and schedule your FREE initial consultation with an experienced Waukegan Domestic Violence Lawyer today.

Law Offices of Winer & Winer
9 N County St, Ste 100
Waukegan, IL 60089
(847) 336-9111

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