Domestic Violence
Chicago, Cook County, Illinois Domestic Violence Lawyer
Illinois Domestic Battery Lawyers
Domestic violence charges can arise under various criminal statues in Illinois depending on the circumstances of the case
and the parties involved. The offenses of Domestic Battery, Stalking, Aggravated Stalking, Harassment by Telephone are a
selection of possible charges that can be brought by the DA in a domestic violence setting.
________________________________________________________________________
Accused of Domestic Battery? Call Us Now.
The offense of Domestic Battery occurs when a person intentionally or knowingly without legal justification by any means
causes bodily harm to any family or household member or makes physical contact of an insulting or provoking nature with
any family or household member. 720 ILCS 5/12-3.2. Domestic Battery is a Class A misdemeanor. It is a Class 4 felony if
the defendant has any prior conviction for domestic battery or any violation of an order of protection. A major problem with a
conviction of this offense is that one is not eligible for a sentence of Supervision. It also is on offense that cannot be
expunged or sealed.
_________________________________________________________________________
How to Win a Domestic Battery Case
The term “family or household member” found in the Domestic Battery statute is very broadly defined under the law to include
spouses, former spouses, children, stepchildren, and other persons related by blood or by present or prior marriage,
persons who have a child in common,………, persons who have or have had a dating relationship or engagement
relationship, persons with disabilities and personal assistants, and caregivers. As a consequence if persons in the above
relationships are not getting along, the charge of domestic battery can arise fairly easily and accusations, true or false, can be
made. Any person arrested or charged with Domestic Battery should not make any statements to police or other authorities
concerning the occurrence. Such statements can be incriminating and will usually be construed as an admission of guilt. A
frequent defense to this serious charge is an out-right denial of the battery or self-defense.
If you are charged with Domestic Battery or any other form of Domestic Violence offense, consult with an experienced and
skilled domestic battery lawyer by calling 630-424-8816 and set up an office consultation.
________________________________________________________________________
Orders of Protection in Illinois
The Illinois Domestic Violence Act provides that persons who have been abused by a family or household member and other
protected individuals may apply to the court for an order of protection.750 ILCS 60/201. This action can be commenced in one
of several ways – independently by filing a petition for an order of protection in civil court, in conjunction with another civil
proceedings such as a dissolution of marriage, or in conjunction with a delinquency proceedings or a criminal prosecution.
The petitioner is not charged any filling fees or other processing fees nor does the sheriff charge a fee for service of the
petition for an order of protection. An emergency order of protection can be obtained on the testimony of the petitioner alone if
the court finds good cause. The court then can order certain remedies in behalf of the petitioner including exclusive
possession of the family or household residence and physical care and custody of any minor children well as enter a stay
away order and other prohibitions as to the respondent and/or defendant. This emergency order can last for 14 to 21 days, is
extendable and then it can become an Interim Order of Protection where the respondent has been notified of the court
hearing. It likewise contains all the remedies listed under the statute. After 30 days this Interim Order of Protection and
extensions thereof can become a Plenary Order of Protection which can last for up to 2 years with any necessary extensions.
________________________________________________________________________
Consequences of an Order of Protection For the Accused
Numerous remedies arise from the entry of an order of protection which have very serious consequences for the respondent
in a civil case or defendant in a criminal case. He or she can be forced to vacate the family or household residence and be
ordered to stay away from petitioner and the minor children who are in the care of the petitioner, and other onerous
prohibitions.
Further, a violation of an order of protection, whether issued in a civil or criminal proceeding, will be enforced by a criminal
court. A person who knowingly commits an act which was prohibited by a court or fails to commit an act which was ordered by
a court as to certain delineated remedies of the Domestic Violence Act can be found guilty of a Class A misdemeanor if a first-
time offender or guilty of a Class 4 felony if a subsequent offender. 720 ILCS 5/12-30.
Because violations of an order of protection can occur fairly easily and are difficult to defend, it is extremely important that you
retain a skilled and experienced domestic violence attorney by calling 630-424-8816 to set up an office consultation.
Illinois Domestic Battery Lawyers
Domestic violence charges can arise under various criminal statues in Illinois depending on the circumstances of the case
and the parties involved. The offenses of Domestic Battery, Stalking, Aggravated Stalking, Harassment by Telephone are a
selection of possible charges that can be brought by the DA in a domestic violence setting.
________________________________________________________________________
Accused of Domestic Battery? Call Us Now.
The offense of Domestic Battery occurs when a person intentionally or knowingly without legal justification by any means
causes bodily harm to any family or household member or makes physical contact of an insulting or provoking nature with
any family or household member. 720 ILCS 5/12-3.2. Domestic Battery is a Class A misdemeanor. It is a Class 4 felony if
the defendant has any prior conviction for domestic battery or any violation of an order of protection. A major problem with a
conviction of this offense is that one is not eligible for a sentence of Supervision. It also is on offense that cannot be
expunged or sealed.
_________________________________________________________________________
How to Win a Domestic Battery Case
The term “family or household member” found in the Domestic Battery statute is very broadly defined under the law to include
spouses, former spouses, children, stepchildren, and other persons related by blood or by present or prior marriage,
persons who have a child in common,………, persons who have or have had a dating relationship or engagement
relationship, persons with disabilities and personal assistants, and caregivers. As a consequence if persons in the above
relationships are not getting along, the charge of domestic battery can arise fairly easily and accusations, true or false, can be
made. Any person arrested or charged with Domestic Battery should not make any statements to police or other authorities
concerning the occurrence. Such statements can be incriminating and will usually be construed as an admission of guilt. A
frequent defense to this serious charge is an out-right denial of the battery or self-defense.
If you are charged with Domestic Battery or any other form of Domestic Violence offense, consult with an experienced and
skilled domestic battery lawyer by calling 630-424-8816 and set up an office consultation.
________________________________________________________________________
Orders of Protection in Illinois
The Illinois Domestic Violence Act provides that persons who have been abused by a family or household member and other
protected individuals may apply to the court for an order of protection.750 ILCS 60/201. This action can be commenced in one
of several ways – independently by filing a petition for an order of protection in civil court, in conjunction with another civil
proceedings such as a dissolution of marriage, or in conjunction with a delinquency proceedings or a criminal prosecution.
The petitioner is not charged any filling fees or other processing fees nor does the sheriff charge a fee for service of the
petition for an order of protection. An emergency order of protection can be obtained on the testimony of the petitioner alone if
the court finds good cause. The court then can order certain remedies in behalf of the petitioner including exclusive
possession of the family or household residence and physical care and custody of any minor children well as enter a stay
away order and other prohibitions as to the respondent and/or defendant. This emergency order can last for 14 to 21 days, is
extendable and then it can become an Interim Order of Protection where the respondent has been notified of the court
hearing. It likewise contains all the remedies listed under the statute. After 30 days this Interim Order of Protection and
extensions thereof can become a Plenary Order of Protection which can last for up to 2 years with any necessary extensions.
________________________________________________________________________
Consequences of an Order of Protection For the Accused
Numerous remedies arise from the entry of an order of protection which have very serious consequences for the respondent
in a civil case or defendant in a criminal case. He or she can be forced to vacate the family or household residence and be
ordered to stay away from petitioner and the minor children who are in the care of the petitioner, and other onerous
prohibitions.
Further, a violation of an order of protection, whether issued in a civil or criminal proceeding, will be enforced by a criminal
court. A person who knowingly commits an act which was prohibited by a court or fails to commit an act which was ordered by
a court as to certain delineated remedies of the Domestic Violence Act can be found guilty of a Class A misdemeanor if a first-
time offender or guilty of a Class 4 felony if a subsequent offender. 720 ILCS 5/12-30.
Because violations of an order of protection can occur fairly easily and are difficult to defend, it is extremely important that you
retain a skilled and experienced domestic violence attorney by calling 630-424-8816 to set up an office consultation.
The Law Offices of Call 630-424-8816
MARILYN A. MILLER
MARILYN A. MILLER
Contact Us - Office Locations
Regency Towers Center, 1415 West 22nd Street, Tower Floor Oak Brook, Illinois 60523 (Map & Directions)
203 N. LaSalle, Suite 2100, Chicago IL 60601 (Map & Directions)
Phone 630-424-8816 Email: Mamillerlaw@aol.com
Note - please do not send confidential or time-sensitive material to us via email. Call for a consultation.
Regency Towers Center, 1415 West 22nd Street, Tower Floor Oak Brook, Illinois 60523 (Map & Directions)
203 N. LaSalle, Suite 2100, Chicago IL 60601 (Map & Directions)
Phone 630-424-8816 Email: Mamillerlaw@aol.com
Note - please do not send confidential or time-sensitive material to us via email. Call for a consultation.
Criminal defense attorney Marilyn A. Miller represents clients throughout the cities of Chicago, Wheaton, Naperville, Schaumburg, Villa Park, Glen Ellyn,
Lombard, Addison, Downers Grove, Elmhurst, Carol Stream, Oak Brook, Oakbrook Terrace, Itasca, Lisle, Wood Dale, Bloomingdale, Glendale
Heights, Bartlett, Hanover Park, Wayne, Hinsdale, Clarendon Hills, West Chicago, Geneva, St. Charles, Cook County, Dupage County, Kane County,
and Will County as well as arrests by Illinois State Police on Interstate Highways. In Cook County, Chicago criminal defense lawyer Marilyn A. Miller
represents clients in the courts located at 26th and California, Skokie, Markham, Bridgeview, Rolling Meadows, Maywood as well as all the courts in
the city of Chicago.
Disclaimer: The information on this site is for general information purposes only. The information on this site is not intended to and does not create
an attorney-client relationship.
Lombard, Addison, Downers Grove, Elmhurst, Carol Stream, Oak Brook, Oakbrook Terrace, Itasca, Lisle, Wood Dale, Bloomingdale, Glendale
Heights, Bartlett, Hanover Park, Wayne, Hinsdale, Clarendon Hills, West Chicago, Geneva, St. Charles, Cook County, Dupage County, Kane County,
and Will County as well as arrests by Illinois State Police on Interstate Highways. In Cook County, Chicago criminal defense lawyer Marilyn A. Miller
represents clients in the courts located at 26th and California, Skokie, Markham, Bridgeview, Rolling Meadows, Maywood as well as all the courts in
the city of Chicago.
Disclaimer: The information on this site is for general information purposes only. The information on this site is not intended to and does not create
an attorney-client relationship.
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