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Fighting Against a Domestic Violence Charge Domestic violence continues to be a massive issue throughout the United States. Recognizing this, law enforcement officials treat domestic violence accusations with extreme care and the legal ramifications of a conviction can be life-changing. Unfortunately, there is an alarmingly high number of false or fabricated domestic violence accusations made each and every year. If you have been accused of domestic violence, it is important to act quickly and reach out to a knowledgeable criminal defense professional.  

Defining Domestic Violence 

Domestic violence accusations do not have to come in the form of physical violence. A person can make a domestic violence claim due to threats, verbal abuse, and intimidation, as well as physical or sexual abuse. If a claim is made that one party was physically harming the other, the accused can face serious legal consequences. In the state of Illinois, a domestic battery charge can lead to a Class A misdemeanor, significant fines, and up to one year in prison. There are a number of aggravating factors that can elevate the charge to a felony and lead to harsher criminal punishments. 

Victims of abuse can pursue an order of protection against their alleged abuser, prohibiting the subject from approaching or contacting the petitioner. A violation of a protective order can result in legal consequences. According to the Illinois Domestic Violence Act, an order of protection violation constitutes a Class A misdemeanor charge and can lead to one year in prison. False accusations of domestic violence are often made during the divorce process, in an attempt to secure full parental responsibility for children. Whether you have been accused of domestic battery or any form of domestic violence, it is critically important to speak with a knowledgeable criminal defense attorney, as soon as possible. 

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Reacting to a Domestic Battery Accusation Every year, thousands of Americans are accused of some form of domestic violence. While domestic violence is a massive issue nationwide, unfortunately, some of these accusations are entirely fabricated. Whether a spouse is looking to secure finances, seize custodial privileges, or simply see their spouse in a world of legal trouble, a domestic battery accusation is not something to be taken lightly. Below, we will examine some of the legal ramifications of a domestic battery charge and how you should react if you have been accused. 

The Legal Consequences

Finding out that you have been accused of domestic battery can be emotionally difficult to comprehend, but it is important to act quickly. Due to the state of Illinois’ “zero-tolerance policy,” police are likely to show up to your residence and arrest you, regardless of whether or not significant evidence of battery has been secured. While there are many different crimes that can constitute a battery charge, ranging from stalking to physical violence, one thing remains consistent: an accusation can quickly lead to jail-time. 

According to Illinois state law, a domestic battery charge constitutes a Class A misdemeanor. If convicted, the accused can face up to one year in prison as well as significant fines. It should be noted that there are a number of factors that can lead to the charges being elevated to a felony, the most common factor being a prior conviction of domestic violence. If convicted of a felony battery charge, one can face:

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