Category Archives: domestic violence

CAN I BE CONVICTED OF DOMESTIC BATTERY BECAISE A THIRD PARTY WAS OFFENDED BY MY CONDUCT?

Not necessarily. A recent Illinois case has clarified that your physical contact must be insulting or provoking to the victim, not a third party. Under 720 ILCS 5/12-3.2, you commit domestic battery if you knowingly without legal justification by any … Continue reading

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WHAT IS ‘INTERFERING WITH PERSONAL LIBERTY’ UNDER ILLINOIS DOMESTIC VIOLENCE LAW?

You have just been charged with domestic violence based on interfering with your ex’s personal liberty. What does that mean? What can you do about it? Under the Illinois Domestic Violence Act, “‘interference with personal liberty’ means committing or threatening … Continue reading

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IS IT REALLY A RELATIONSHIP UNDER ILLINOIS DOMESTIC BATTERY LAW?

If you have been charged with domestic battery, the prosecution must still prove all the elements of your offense beyond a reasonable doubt. Under one definition, the state must prove you were in a dating relationship. But how much of … Continue reading

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ILLINOIS EXPANDS ELIGIBILITY FOR PROTECTION UNDER DOMESTIC VIOLENCE LAWS

As you may imagine, domestic violence laws were intended to apply to the domestic front—people close to your home such as a family member or significant other. Parties eligible for an Illinois order of protection from domestic abuse include: 1) … Continue reading

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WHAT IS HARRASSMENT UNDER ILLINOIS DOMESTIC VIOLENCE LAW?

You’ve just received notice that your significant other or spouse has filed for an order of protection against you. The petitioner claims you have harassed him or her. What exactly does that mean? What can you do to defend yourself? … Continue reading

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I’VE BEEN FALSELY ACCUSED OF ABUSE UNDER THE ILLINOIS DOMESTIC VIOLENCE ACT. WHAT CAN I DO?

You’ve just been served with notice that your former domestic partner or spouse is seeking an order of protection against you. You believe the charges against you are false and merely designed to harass you. What can you do? If … Continue reading

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WHAT IS “ABUSE” UNDER THE ILLINOIS DOMESTIC VIOLENCE ACT?

You’ve just been served notice that your former partner or spouse is seeking an order of protection against you. They are claiming that you abused them. How is abuse defined, and what are your options? Under the Illinois Domestic Violence … Continue reading

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WHAT IS A DATING RELATIONSHIP UNDER ILLINOIS DOMESTIC BATTERY LAW

You recently got into a fistfight with your ex-significant other. The police arrived and now you have been charged with domestic battery. But your relationship ended some time ago. Is it still domestic battery? The answer is yes. A recent … Continue reading

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CAN PAST ACTS OF DOMESTIC VIOLENCE BE USED AS EVIDENCE IN ILLINOIS?

The state cannot generally use your past bad acts to prove that you have bad character and thus are more likely to commit a crime. Illinois law, however, specifically allows evidence of past domestic violence to be used under certain … Continue reading

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WHO IS A HOUSEHOLD MEMBER UNDER ILLINOIS DOMESTIC BATTERY LAW

In Illinois, the offense of domestic battery requires that you have caused bodily harm or made insulting or provoking contact with any family or household member. But what is a family or household member? A blood relative or a spouse … Continue reading

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