Domestic Violence Defense Attorney
I’ve been charged with a crime of domestic violence; what now?
An experienced domestic violence defense attorney is your best defense against charges of domestic violence. Former Will County State’s Attorney JohnPaul Ivec will stand with you when you stand accused of a domestic violence-related offense. Call the Ivec Law Firm if you are charged with any of the following crimes:
- Domestic Battery
- Aggravated Domestic Battery
- Violation of a Protective Order
Domestic Battery/Aggravated Domestic Battery
If you have been charged with domestic battery in Illinois, the state is alleging that you caused bodily harm to or had physical contact of an insulting or provoking nature with a family member or household member. This could include a current or former spouse, a child or step-child, a parent, a roommate, a person who you are presently or were previously dating, a person with whom you have a child in common, or a disabled person who is in your care.
A domestic battery conviction can have serious repercussions in your life. A conviction could cost you money, your reputation, and your freedom. Domestic Battery is a Class A misdemeanor punishable with a fine of up to $2,500.00, probation, or up to one year in jail. Court supervision is not an option. For someone with a prior conviction for an offense against a family member or household member, domestic battery becomes a Class 4 felony with even more severe penalties, which can include a $25,000.00 fine, and 1 to 3 years in jail.
If you are charged with the more serious offense of aggravated domestic battery, an offense that is alleged to have caused great bodily harm, permanent disability, disfigurement, or strangulation of the victim, then you could be facing mandatory jail time of either 60 consecutive days for your first conviction, or 3 to 7 years for a second or subsequent conviction or an extended term of not less than 7 years and not more than 14 years.
Domestic battery convictions can be particularly onerous because their impact can far outlast the sentence itself. Illinois law does not allow the expungement of domestic battery convictions, except in the rare circumstance that the defendant has received a Governor’s pardon. For the majority of people who are convicted of this offense, their record of conviction will remain even after the sentence has been served. In addition, a domestic battery conviction may require you to forfeit your Second Amendment right to possess a firearm, and if you are employed in a position of public trust, like a police officer, you could find your job in peril as well. A domestic battery conviction can also adversely affect your custodial or visitation rights with respect to your children.
(720 ILCS 5/12-3.2; 720 ILCS 5/12-3.3)
Defenses to Domestic Battery Charges
Fortunately, you do not have to accept these onerous punishments without a fight. You have a right to fight the charges against you and to force the government to meet its burden of proof before you can be found guilty of domestic battery. There are many defenses that you can effectively raise in defense of domestic battery charges, including:
- Fabrication of the charges
- Insufficient evidence
JohnPaul Ivec, a domestic violence defense attorney, can help you navigate the complex criminal process that you are facing when you have been accused of a domestic violence crime. He will bring more than 25 years of experience and the invaluable “inside” perspective of a former prosecutor to work for you in your defense. He will scrupulously examine the facts of your case and will consider every possible defense to the charges against you. Marshaling his experience and expertise, JohnPaul Ivec will zealously present your best possible defense.
Illinois “zero tolerance” policy
The police in Illinois treat domestic violence charges very seriously. In fact, when they receive a call for this type of offense, they are required to make an arrest. When you are arrested for domestic violence, you will spend at least one night in jail and have a 72-hour “cooling off” period, in which you will need to stay away from your accuser. Many judges in domestic violence cases will impose temporary “protective” orders early the process, which not only may restrict your freedom by requiring you to vacate the home that you share with your accuser, but may also adversely impact your ability to defend yourself against the charges you are facing. The protective order will likely prohibit you from speaking to your accuser.
A domestic violence lawyer on your side
You do not have to face domestic violence allegations alone. You have a right to the assistance of a defense attorney at every significant stage of the criminal process. This means that you have a right to have an attorney help you, not just to fight the charges against you at trial, but also to investigate your case and to negotiate with prosecutors outside of trial. JohnPaul Ivec is an experienced domestic violence attorney, and can help you by examining your case in its early stages and discovering the evidentiary flaws that may exist in your case. By bringing these evidentiary flaws to light quickly, he can provide you with crucial assistance by making it less likely that the prosecutor will continue to pursue the domestic violence charges against you. If the prosecutor does persist with the charges, JohnPaul can provide you with a vigorous and effective defense.
Although sentences for domestic violence crimes can be severe, there are provisions within the law that permit leniency, especially for first-time offenders, and for offenses that involve no serious injuries. A knowledgeable and persuasive domestic violence defense attorney like JohnPaul Ivec can protect you, your freedom, and your reputation, by advocating for the least onerous punishments that the law allows under the circumstances of your case.
Are you, a loved one, or a friend facing domestic violence charges in the Plainfield/Joliet area, or elsewhere in Illinois? Let JohnPaul Ivec examine your case and help you determine what defenses are available to you. Contact the Ivec Law Firm TODAY for a FREE consultation at 815-439-9909; or email email@example.com.