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Domestic Violence -
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Charged with Domestic Violence

Over the last 30 years the consequences for Domestic Violence have become more severe as the government and politicians try to prove that they are “tough on crime.” Being charged with a Domestic Violence offense in Illinois can be extremely embarrassing and frustrating, because of the very personal issues that must be exposed in the process. There is nothing more upsetting than the government meddling in your personal life, getting involved in your private disputes with your spouse, or telling you how to raise your children. Hiring a qualified Illinois Domestic Violence attorney can increase your chances of a reaching a favorable outcome.
Possibly the most frustrating thing about being charged with a Domestic Violence offense is that it is a crime that is often based on the story of someone who is angry with the accused, and just wants revenge. Unfortunately, the system can be easily manipulated by someone with an agenda who wants revenge against his or her partner. This need for revenge usually comes from an outstanding family court matter, divorce, child custody dispute, or simply recently discovered infidelity. Illinois courts are full of men and women who were accused and charged with Domestic Violence offences, and either pled to something they did not do or went to trial and were wrongly convicted because they were set up.

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CONSEQUENCES

The consequences of these unnecessary pleas or unjust convictions can last a lifetime. These crimes carry heavy fines, mandatory classes that last a year, and jail and prison sentences, and they are defined as crimes of moral turpitude. Domestic Violence crimes also can have grave immigration consequences and can lead to deportation from the United States. Many times, when children are involved, a conviction of a Domestic Violence crime in Illinois can even mean losing custody of your kids.
In Illinois, the police’s main priority after that fateful 911 call is made is to make an arrest. The prosecution’s priority is making sure that they get some type of conviction. The system is not interested in what really happened in the relationship, what the fight was really about, that the “victim” was actually the instigator, or that he or she was the aggressor and you were trying to defend yourself. Unfortunately, there are no real safeguards in the system to protect innocent men and women from being accused and charged of something they did not do. And even more unfortunate is that gender often plays a key role in Domestic Violence cases: men are almost always the accused. Whoever made the 911 call will almost always be defined as the “victim,” and that means that if you were not the one who made the call, you will be the one arrested when the police arrive.

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THE CHARGES CANNOT BE DROPPED

There is the misconception that a spouse/partner/girlfriend/etc can “drop” the charges after he or she has called the police and you have been arrested. That is not true. The State Attorney’s office will not drop the charges in a Domestic Violence case simply because a week or a month later the supposed Domestic Violence “victim” wants to drop the charges. The decision to file or not file a case is the sole decision of the State Attorney's Office. That decision will be based on what is said on the 911 call, what is written in the police report, whether or not there were any injuries, and whether or not there have been any prior acts of Domestic Violence.

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