DuPage County Domestic Violence Defense Lawyer
Arrested for Domestic Violence or Domestic Battery? Call Our Criminal Defense Lawyers Today at (630) 474-8000!!!
96 Percent of Our Clients’ Cases Are Dismissed!
Many people fail to take domestic violence accusations as seriously as they should because they involve personal conflicts. However, the police, prosecutors, and laws in Illinois take all domestic violence matters extremely seriously—and so should you. (View the entire Illinois Domestic Violence Act of 1986 here.)
A domestic violence conviction carries severe repercussions. In addition to a criminal record, you could be looking at jail time and $2,500 in fines. You may also be subject to an oppressive restraining order that prevents you from seeing your children or reconciling with your spouse or partner.
The costly and lasting consequences of a conviction can include the loss of access to your home and children, and even your freedom. Avoid a domestic battery conviction whenever possible.
Dedicated Advocacy in DuPage, Kane and Cook Counties
The accomplished legal team at Martin & Kent, L.L.C., can help if you have been accused of spousal abuse or domestic battery. The criminal defense lawyers at Martin & Kent, LLC, regularly defend the rights of clients accused of domestic battery. We have resolved thousands of criminal cases as former prosecutors and as criminal defense lawyers, and we can apply that experience in building your defense.
Our priority is always to limit or completely eliminate the consequences you face after someone you know accuses you of violence. We handle every aspect of your case, including your criminal charges and any requested orders of protection. We aim to get cases dismissed whenever possible, and have an extraordinary track record of success.
We have a 96 percent dismissal rate in domestic battery cases.
The sooner we can intervene in your case, the better your chances for avoiding criminal sanctions and working things out.
We are former felony prosecutors who know how to help defendants in DuPage and Kane Counties. We know what the prosecutors are thinking, what evidence they need to secure a conviction, how to negotiate with them, and how to outflank them whenever possible. Please do not wait any longer to call us for help at (630) 474-8000. Contact us today for a free consultation.
What Is Domestic Violence?
An individual can be charged with domestic battery in Illinois for harming:
- A spouse or live-in partner
- A dating partner
- A family member
- The parent of one’s child
- A cohabitant (roommate) or other household member
An accusation of domestic violence can lead to legal trouble on many fronts:
- Criminal charges of domestic battery
- A court order (order of protection/restraining order/no-contact order)
- Criminal charges of violating an order of protection
- Allegations of abuse in divorce or custody proceedings
For these reasons, we urge you to consult our lawyers at the earliest possibility. We can fight the allegations of battery and fight the continuance of a restrictive protection order.
More About Orders of Protection and Restraining Orders
Protecting Your Freedom and Parental Rights
Because domestic violence is a serious crime, law enforcement officials in Illinois have taken pains to protect potential victims by making restraining orders easily accessible to victims. Unfortunately, some people abuse this system. In many cases, people have obtained restraining orders where they are not warranted—whether to obtain an advantage in a divorce case, secure child custody or visitation rights, or for some other reason.
If someone requests an order of protection against you, know that you have the right to defend yourself against the order. Restraining orders can have a significant impact on your life and can impose many restrictions regarding where you live, where you can go, and whether you can see your children. Too many people believe that restraining orders are inevitable once requested, though this is not the case. The right criminal defense law firm can help you provide a strong defense against a restraining order.
Who Can Obtain Orders of Protection In Illinois?
The following individuals can obtain domestic violence restraining orders:
- Former / current spouses
- Former / current partners
Domestic violence is not just physical abuse. It could encompass any form of intentional harm, including assault and battery as well as emotional abuse, psychological abuse, sexual abuse, intimidation, stalking, exploitation, and harassment. A victim of any form of domestic violence has the right to pursue orders of protection against the perpetrator.
How Long Will the Order of Protection Last?
There are three forms of restraining orders in the state.
- Emergency orders can be obtained immediately after the alleged victim testifies before a judge. These orders can last 21 days or until you obtain a plenary order, which usually takes no more than 21 days.
- Interim orders can be obtained without a full court hearing and can last up to 30 days. In order to obtain an interim order, the alleged abuser must either receive a notification of an upcoming court hearing or appear in court.
- Plenary orders can be obtained only after a full court hearing has taken place and may last up to two years with indefinite renewal possible.
Terms of an Order of Protection
The terms of a restraining order will vary depending on the circumstances of each case and the type of abuse allegations involved. Some terms can include:
- The abuser may not harass, stalk, abuse, intimidate, or interfere with the victim’s liberty
- The abuser must stay away from the victim’s residence, place of work, school, or other specified locations
- The abuser may not possess a firearm or weapon
- The abuser must give up the victim’s personal property
- The victim may obtain temporary custody of any children
- The abuser must pay for any damages stemming from the alleged abuse
- Anything else the court finds necessary to prevent future abuse
When you are the subject of a restraining order, you may have to move from your home and leave your children. You will have to give up any guns you own, as well as any other possessions in question. The restrictions can get quite specific and can make your life very difficult.
Furthermore, Illinois law makes violating a restraining order a crime. If you fail to abide by any of the strict terms of an order, you can face the following:
- Class A misdemeanor charge
- One year in jail
- $2,500 fine
- Community service
- Mandatory counseling
The above can apply for something as simple as a text message sent to the person who obtained the order of protection. In the event an order is granted, you need an attorney on your side to ensure the terms are not overly harsh.
Choose Your Defense Attorney Carefully
|The state will NOT automatically dismiss your case if the victim declines to press charges or does not show up for court.|
Prosecutors are reluctant to dismiss charges when there is evidence of abuse. However, it is common that the victim does not want the spouse, partner or family member prosecuted. We have a high rate of getting charges dismissed in appropriate cases where the charges are unfounded or the parties want to put this episode behind them.
Never represent yourself in these scenarios. With your reputation, freedom and even your ability to see your children at stake, choose a lawyer with the experience and credibility necessary to protect you effectively.
Call Our Aggressive Domestic Violence Defense Lawyers
You should not surrender your liberties, your reputation, or your parental rights because of false domestic violence charges.
The good news is that with the right defense lawyer, it is possible to avoid a domestic battery conviction and the related penalties. At Martin & Kent, L.L.C., we know that many domestic battery accusations are wrongful and we are passionate about fighting to protect the rights of our clients. With over 40 years of combined legal experience and a background that includes prosecutorial work, we are uniquely well-equipped to stand in your corner and fight for you.
Call our office at (630) 474-8000 as soon as possible for a free case evaluation.
We practice in DuPage County, Kane County, and Cook County, with offices in Wheaton.
RELATED PRACTICE TOPIC
A Wheaton client who was arrested for domestic battery got her case dismissed for lack of prosecution. The arrest expungement was immediately filed by M&K lawyers.Case Results