Domestic Violence Charges and Orders of Protection in Illinois: Part II

 Posted on December 00,0000 in Domestic Violence

If you have been served with an order of protection or are facing domestic violence charges, it is important to have an experienced Oakbrook Terrace criminal defense lawyer on your side. Being charged with domestic violence is a criminal offense, and it can have a serious impact on your life. Crimes involving domestic violence are government by the Illinois Domestic Violence Act of 1986 (750 ILCS 60/). According to the statute, our state recognizes domestic violence as a “serious crime against the individual and society which promotes family disharmony in thousands of Illinois families.”

If you were charged with domestic violence, you could be facing serious penalties. At the Farooqi & Husain Law Office, we are committed to helping members of the Oakbrook Terrace Muslim community with a wide variety of family law and criminal defense matters. Many Muslims in Illinois face domestic violence charges, and an experienced attorney can help to ensure that you are treated fairly and have a proper defense.

Criminal Misdemeanors and Domestic Violence

Under the Illinois Domestic Violence Act, domestic violence is defined as abuse, which can refer to “physical abuse, harassment, intimidation of a dependent, and interference with personal liberty or willful deprivation.”

If you are charged with domestic violence, you are facing a Class A misdemeanor conviction at a minimum, which carries serious penalties, including a fine of up to $2,500 and incarceration for a period of up to one year. Those penalties can be more severe if you have prior convictions on your record. To be sure, depending on the number and severity of your prior convictions, domestic violence charges could result in a felony charge, up to three years imprisonment, and a fine of up to $25,000.

Domestic Violence Charges Ineligible for Court Supervision

In Illinois, a defendant convicted of a Class A misdemeanor typically is eligible for court supervision. However, defendants facing domestic violence charges are not eligible for court supervision. What is court supervision? Under Illinois law, court supervision is an option for sentencing that allows a defendant to avoid having a conviction on his or her record. Most misdemeanor offenses allow for this sentencing option, but domestic battery simply does not. As such, if you are convicted of domestic violence in Illinois, you will have to face the consequences of having a conviction on your record.

Having a Class A misdemeanor conviction on your record can impact your future well-being in a number of ways, including but not limited to:

• Difficulty getting a job or a professional license;
• Suspension or expulsion from a college or university;
• Immigration consequences, including removal from the U.S. for non-citizens; and
• Difficulty maintaining joint custody of your children, and having to undergo supervised visitation with your children.

For Muslims in our community who are currently obtaining an education in Illinois or are working toward U.S. citizenship, a domestic violence conviction can drastically change your options for the future. At the Farooqi & Husain Law Office, we can discuss your defense options with you. You may be able to argue self-defense to avoid a domestic battery conviction. An experienced Oakbrook Terrace criminal defense attorney can closely examine the facts of your case and help to build the best defense for you. Contact us today to learn more about how we can assist with your case.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073000050K5-4.5-55

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073000050K5-6-3.1