You commit domestic battery if you knowingly without legal justification by any means:    (1) cause bodily harm to any family or householdmember;  (2) make physical contact of an insulting or provoking nature with any family or household member.  To convict, you the state must prove all the elements of domestic battery beyond a reasonable doubt.

            A petition for an order of protection may be filed by or on behalf of a person who has been abused by a family or household member.  But here, the rules of civil procedure govern whether proceeding in criminal or civil court.  The opposing party or prosecutor need only prove the abuse by preponderance of the evidence (something like 51%).

            As a result, there may be enough proof against you for a court to issue an order of protection, but not enough to convict you of domestic battery.

            If you are facing either domestic battery or an order of protection, contact an experienced criminal law attorney immediately.  An attorney can review your case for your most favorable defense.  Does the prosecutor or opposing party have enough evidence to prove abuse?  Were you acting in self defense or out of necessity?  Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement to the criminal charges or a less damaging alternative to the order of protection.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

Reference: (1) Illinois Domestic Battery Law; (2) Illinois Domestic Violence Act.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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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 means: (1) cause bodily harm to any family or household member; or (2) makes physical contact of an insulting or provoking nature with any family or household member.

In People v. Ward, the defendant pushed his wife aside and told her to “shut up” while arguing with police at an accident scene involving defendant’s son. The witness who had been rear-ended by defendant’s son was offended, but not defendant’s wife. While a victim need not testify and may even deny being insulted, the state had to present some evidence that the victim was offended. For example the state can show testimony as to how the wife reacted immediately after the push. As a result defendant’s conviction was reversed.

If you have been charged with domestic battery, contact an experienced criminal law attorney immediately. Do not try to talk yourself out of this offense. You may only dig yourself in deeper. Different judges may view the evidence against you very differently. An experienced attorney who is familiar with the courthouse may be able to present your defense in its most favorable light.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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Under the Illinois Domestic Violence Act, “‘interference with personal liberty’ means committing or threatening physical abuse, harassment, intimidation or willful deprivation so as to compel another to engage in conduct from which she or he has a right to abstain or to refrain from conduct in which she or he has a right to engage.”

In a 1994 Illinois case, In re Marriage of Healy, the court declined to find interference with personal liberty where the complainant believed the respondent had an alcohol problem, he had muttered swear words under his breath, and he had awakened the children early in the morning to go on a trip on which the complainant feared they might have an accident.

If someone is seeking an order of protection against you or you have been accused of violating an order of protection, contact an experienced criminal law attorney immediately. Do not try to talk your way out of your situation. What you may think is a reasonable explanation may give the state the ammunition they need to enforce an order against you. An attorney can help present your situation to the court in its most favorable light.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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Under Illinois law, a defendant is guilty of domestic battery if he or she causes bodily harm to any family or household member. (See 720 ILCS 5/12- 3.2(a)(1). A family or household member can be someone who has or has had a dating or engagement relationship with you, but does not include a casual acquaintanceship or include ordinary fraternization between two individuals in a business or social context.

Illinois courts have considered a dating relationship to be a serious courtship that is at least an established relationship with a significant romantic focus. One court did not find a dating relationship where both defendant and victim engaged in random sexual encounters which were physical in nature and not romantic, and where both denied they were dating. However, another court did find a dating relationship where the parties had dated for six weeks and continued to have sex until the offense occurred.

The determination of whether you are in a dating relationship can be very fact specific. Different judges may perceive those same facts very differently. Therefore, it is important to have an attorney who is familiar with the courthouse and the outlook of your particular judge.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

References: People v. Wallace and People v. Irvine.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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Parties eligible for an Illinois order of protection from domestic abuse include: 1) any person abused by a family or household member; 2) any minor child or dependent adult in the care of such person; and 3) any person residing or employed at a private home or public shelter which is housing an abused family or household member.

As of January, 2019, the Illinois legislature expanded the list of parties eligible for an order of protection to include the following: 1) foster parents of a child placed by a state agency, 2) legally appointed guardians or custodians, 3) adoptive parents or 4) prospective adoptive parents. Furthermore, the law applies to any individual who would have been considered a family or household member of a child before a parent’s rights have been terminated.

If someone is seeking an order of protection against you or you have been accused of violating an order of protection, contact an experienced criminal law attorney immediately. Do not try to talk your way out of your situation. What you may think is a reasonable explanation may give the state or other party the ammunition they need to enforce an order against you. An attorney can help present your situation to the court in its most favorable light.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

See: Amendment to Illinois Domestic Violence Act.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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What exactly does that mean? What can you do to defend yourself?

Under the Illinois Domestic Violence Act, “harassment” is defined as “knowing conduct which is not necessary to accomplish a purpose that is reasonable under the circumstances; would cause a reasonable person emotional distress; and does cause emotional distress to the petitioner.”

Under the statute, the following conduct is presumed to cause emotional distress:

(i) creating a disturbance at petitioner’s place of employment or school;

(ii) repeatedly telephoning petitioner’s place of employment or residence;

(iii) repeatedly following petitioner about in public;

(iv) repeatedly keeping petitioner under surveillance by remaining present outside his or her home, school, place of employment, vehicle or other place occupied by petitioner or by peering in petitioner’s windows;

(v) improperly concealing or removing petitioner’s minor child from petitioner’s care or the jurisdiction or repeatedly threatening to do so unless you were fleeing the threat of domestic violence;

(vi) threatening physical force, confinement or restraint.

If you are served with notice of an order of protection, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. Perhaps there were legitimate reasons for your repeated contact with the other party. For example, you might have driven by their home because it was directly on your way to work. If you have been falsely accused, you might convince a judge that there are issues with the credibility of the person accusing you.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

See our related blog posts here and here.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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What can you do?

If you are falsely accused, an attorney may be able to cast doubt on the credibility of the accuser. Are the accusations designed to harass or intimidate you? Is he or she simply being vindictive? There may be other inconsistencies in the evidence. At times, it may be useful to hire a private investigator look into the accuser’s allegations.

If you have received notice of an order of protection, contact an experienced criminal law attorney immediately. Do not try to represent yourself. What you think is a reasonable explanation might convince the judge that you are a threat. The judge may rule against you based on what he or she perceives is a bad attitude or a failure to take responsibility. Be advised that an Order of Protection can have serious consequences as it can keep you out of many jobs, and you cannot get it removed from your record, so it is best to take the matter seriously.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

The post I’VE BEEN FALSELY ACCUSED OF ABUSE UNDER THE ILLINOIS DOMESTIC VIOLENCE ACT. WHAT CAN I DO? appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.

How is abuse defined, and what are your options?

Under the Illinois Domestic Violence Act, abuse is defined as “physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation but does not include reasonable direction of a minor child by a parent or person in loco parentis.”

If you have been served with notice of hearing on an order of protection, contact an experienced criminal law attorney immediately. Do not try to represent yourself. What you think of as a legitimate explanation might convince the judge that your accuser has reason to be afraid. The judge may rule against you based on what he or she perceives is a bad attitude or a failure to take responsibility.

An experienced criminal law attorney can review your case for its best possible defense. Were you acting in self defense? Can you show that your spouse or former partner was making things up? Do they suffer from a mental illness? Be advised that an Order of Protection can have serious consequences as it can keep you out of many jobs, and you cannot get it removed from your record, so it is best to take the matter seriously.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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But your relationship ended some time ago. Is it still domestic battery?

The answer is yes. A recent Illinois Supreme Court decision held that the domestic battery law places no time limit on a dating relationship. (See People v Gray).

In Illinois, a person commits domestic battery if he or she knowingly, without legal justification and by any means, causes bodily harm to or makes insulting or provoking physical contact with any family or household member. A family or household member includes persons who have or have had a dating or engagement relationship. This definition does not include a casual acquaintanceship or ordinary fraternization between two people in a business or social context. But it can include your ex-partner from several years ago.

If you have been charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. Perhaps you never you were just friends with the alleged victim, or you acted in self defense. Even if the evidence against you is overwhelming, an attorney who is respected in the court house may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

See also: Illinois Domestic Battery Law.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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Under Illinois law, evidence of past domestic violence can be used for any relevant purpose to prove charges of domestic violence or first or second degree murder involving domestic violence. (See Evidence in Domestic Violence Cases).

Even so, the court must weigh whether past crimes evidence will bias the jury against you more than it helps prove the case. To make that determination, the court considers: (1) the closeness in time between the past acts and the present crime; (2) the degree of factual similarity between the offenses; or (3) other relevant facts and circumstances.

In People v Jenk, the Illinois Appellate court upheld the use of three prior domestic violence incidents against the defendant, because they were 1) supported by corroborative evidence; 2) relevant to showing defendant’s motive, intent or absence of mistake; 3) were close in time and 4) had a high degree of factual similarity to the current crime. The trial court excluded three other incidents that were uncorroborated and thus might have prejudiced the jury beyond their evidentiary value.

If you have been charged with domestic violence or another crime, contact an experienced criminal law attorney immediately. Do not discuss your crime with the police or third parties. Any attempt to explain yourself might give the prosecution the evidence they need to convict you. An experienced attorney can review your case for your best possible defense. Even if the evidence against you is overwhelming, an attorney who is respected in the court house may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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