Beat a Domestic Violence Charge in DuPage County

How to Beat a Domestic Violence Charge in DuPage County

Domestic violence (DV) charges carry serious consequences that can affect your reputation, relationships, and future. Whether you’re facing a misdemeanor or felony charge, understanding the legal process and potential defenses is crucial to mounting a successful defense. A skilled criminal defense attorney in Illinois may be vital to someone charged with domestic violence. It is also vital to understand how the domestic violence laws in Illinois impact your charges.

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Understanding Domestic Violence Laws in Illinois

Under the Illinois Domestic Violence Act (IDVA), domestic violence is considered abusive behavior committed by one household member against another. Abuse can include physical harm, harassment, or intimidation. Household members are:

  • Spouses and former spouses
  • Parents, children, and stepchildren
  • Romantic partnerships

Domestic violence cases may be charged as misdemeanors or felonies depending on the circumstances surrounding the battery. A domestic violence conviction may include restraining orders, loss of gun rights, and mandatory counseling.

Every domestic violence case is unique. The potential outcomes depend on the facts of the case. Outcomes include:

  • Dismissal
  • Reduced Charges
  • Acquittal 
  • Deferred Prosecution Programs

Steps to Take If You’re Charged With Domestic Violence

Domestic violence charges can alter your future and are daunting for everyone involved. If you’ve been charged to improve the chances of a favorable outcome, there are steps to take.:

  • Understand the Charges Against You – Review the complaint and evidence against you with your attorney.
  • Hire an Experienced Criminal Defense Attorney – Experienced criminal defense attorneys can analyze evidence for inconsistencies and build a strong defense specific to your case. They are also able to negotiate with prosecutors about dismissing or reducing charges.
  • Comply With Any Protective Orders – Do not violate any protective orders relevant to the case. If possible, avoid contact with the alleged victim.

Common Defenses to Domestic Violence Charges

The prosecution has the burden of proving a criminal case. However, there are several arguments defense attorneys can make to support their clients. Defense strategies depend heavily on the facts of the case. Common strategies may include:

  • Lack of Evidence – The prosecution must present concrete evidence to prove its case. Cases lacking physical evidence or inconsistent statements may lack the necessary evidence to proceed.
  • Self-Defense – You may argue self-defense if you believed you were in imminent danger and acted proportional to that danger. The law allows you to act to protect yourself from harm.
  • Accident or Lack of Intent – Domestic violence charges require intentional conduct. Accidental or unintentional harm may not be considered domestic violence under state law.
  • Constitutional Violations – Your attorney may suppress evidence if it was obtained in violation of your constitutional rights. Illegally obtained evidence is inadmissible in court.

Why You Need a Local Attorney

Experienced local attorneys can benefit defendants because they understand the nuances of the local courts, have experience with prosecutors and judges, and have previously negotiated cases in the area. 

Beating a domestic violence charge in DuPage County requires an attorney with a thorough understanding of the legal process. Liberty Law is skilled at dealing with domestic violence cases and will advocate for our clients to the best of our abilities. The best way to avoid the lasting effects of a domestic violence conviction is to consult an experienced attorney early in your case to explore every possible defense strategy and understand your legal options. Please contact us or call (630) 449-4800.