McMahon Law Offices
Accused of domestic battery, stalking, or an order of protection violation in DuPage County? A former prosecutor and retired judge know exactly how the state builds domestic violence cases and where they fall apart. Call for a free case review.
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"In domestic cases, the state pursues charges even when the alleged victim doesn't want to. The accusation alone can cost you your home, your children, and your firearm rights before you ever see a courtroom."
— Mike McMahon, Former DuPage County ProsecutorDomestic Violence Defense Overview
A domestic violence charge in DuPage County can mean restraining orders issued before you have a chance to speak, loss of your firearm rights, removal from your own home, and a permanent criminal record that follows you on every background check — including custody proceedings.
Most clients we represent are decent people facing false or exaggerated allegations. They were involved in heated arguments that escalated beyond control. They were accused by vindictive partners during contentious separations. Or they acted in self-defense during genuinely threatening situations. A domestic violence accusation does not define who you are.
Mike McMahon prosecuted domestic violence cases for the state. He knows how prosecutors build these cases, what evidence they rely on most heavily, and where those cases are most vulnerable. Judge Pierce presided over domestic violence trials for decades and knows what evidence gets excluded and what arguments create reasonable doubt in DuPage County courts.
We fight to get domestic violence charges dismissed, reduced, or beaten at trial. We challenge false allegations, self-defense situations, insufficient evidence, and constitutional violations in every case — and we work to get emergency protection orders lifted when they are based on exaggerated or fabricated claims.
Illinois Domestic Violence Charges
| Charge | Classification | |
|---|---|---|
Domestic Battery Physical contact of an insulting or provoking nature, or bodily harm to a family or household member. Mandatory no-contact orders and lifetime federal firearm disability on conviction. 720 ILCS 5/12-3.2 |
Class A Misdemeanor to Class 2 Felony | |
Aggravated Domestic Battery Domestic battery causing great bodily harm, permanent disability, or strangulation. Mandatory prison time and no probation eligibility in many circumstances. 720 ILCS 5/12-3.3 |
Class 2 Felony | |
Violation of Order of Protection Any contact or conduct that breaches the terms of an active emergency or plenary order of protection. Each violation is charged separately and escalates in severity. 720 ILCS 5/12-30 |
Class A Misdemeanor to Class 4 Felony | |
Stalking Engaging in a course of conduct directed at a specific person that causes fear or distress. Aggravated when combined with a threat or violation of a court order. 720 ILCS 5/12-7.3 |
Class 4 Felony to Class 3 Felony | |
Cyberstalking Using electronic communications to stalk, threaten, or harass a specific person. Increasingly charged in domestic cases involving text messages and social media contact. 720 ILCS 5/12-7.5 |
Class 4 Felony to Class 3 Felony | |
Domestic Assault Conduct that places a family or household member in reasonable apprehension of receiving a battery. No physical contact is required for a charge to be filed. 720 ILCS 5/12-1 |
Class C Misdemeanor to Class A Misdemeanor | |
Harassment by Telephone Making threatening, obscene, or repeated calls to a household member with intent to harass. Commonly charged alongside stalking and order of protection violations. 720 ILCS 5/26.5-3 |
Class B Misdemeanor to Class 3 Felony | |
Intimidation Communicating a threat to cause harm, confinement, or other injury to compel a family or household member to act or refrain from acting in a certain way. 720 ILCS 5/12-6 |
Class 3 Felony | |
Aggravated Assault Against Family Member Assault committed with a deadly weapon or in a manner that elevates the threat level against a household member. Felony enhancement over simple domestic assault. 720 ILCS 5/12-2 |
Class A Misdemeanor to Class 3 Felony | |
Criminal Damage to Property Intentionally damaging property belonging to a household member during a domestic incident. Frequently charged alongside battery in heated confrontations. 720 ILCS 5/21-1 |
Class A Misdemeanor to Class 2 Felony | |
Criminal Trespass to Residence Entering or remaining in a residence after being forbidden to do so, often charged when a no-contact order is in effect and the defendant returns to a shared home. 720 ILCS 5/21-3 |
Class A Misdemeanor | |
Disorderly Conduct — Domestic Unreasonable or alarming conduct in a domestic context that disturbs the peace. Often charged when battery cannot be proven but a domestic disturbance occurred. 720 ILCS 5/26-1 |
Class C Misdemeanor to Class 4 Felony | |
Emergency Order of Protection Violation Violating the terms of an emergency order issued without your presence in court. Can result in immediate arrest and additional charges layered on top of the underlying case. 720 ILCS 5/12-30 |
Class A Misdemeanor to Class 4 Felony | |
No Contact Order Violation Any prohibited communication or contact with the protected person, including text messages, calls through third parties, or showing up at their home or workplace. 720 ILCS 5/12-30 |
Class A Misdemeanor to Class 4 Felony |
Domestic Violence Case Results
Every result below is a real domestic violence case handled in DuPage County.
Why McMahon Law Offices
Former prosecutors who built domestic violence cases now use that knowledge to tear them apart.
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5-Star ReviewsMike McMahon built domestic violence cases for the state. He knows precisely how prosecutors use police reports, 911 recordings, and medical evidence — and exactly where those cases are most vulnerable to challenge.
Domestic accusations are frequently driven by custody disputes, contentious separations, and revenge. We investigate the accuser's motives, prior false reports, inconsistent statements, and history of manipulation to expose fabricated claims in court.
Illinois law recognizes the right to defend yourself against domestic threats. We investigate every case for legitimate self-defense claims, gather evidence of prior threats or violence by the accuser, and build the factual record that supports your version of events.
Emergency orders are issued without you present, based solely on the accuser's account. They can remove you from your home and cut off contact with your children overnight. We appear at plenary hearings to challenge orders built on exaggerated or false allegations and fight to get them lifted.
Judge Pierce decided domestic violence cases from the bench for decades. He knows what evidence gets excluded, what arguments resonate with every judge in Wheaton, and how to position cases for the best outcome in DuPage County domestic courts.
A domestic battery conviction triggers a federal lifetime firearm ban under the Lautenberg Amendment and can devastate your custody position. We pursue outcomes — dismissal, supervision, or charge reduction — specifically designed to protect your rights, your record, and your relationship with your children.
How To Get Started
A clear, straightforward process from your first call through resolution.
Call us or fill out our contact form right away. Emergency orders of protection get issued fast, the state locks in their version of events early, and contact with the alleged victim can result in additional charges. We address urgent protection order issues from day one.
Tell us what happened, what led to the incident, what was said to police, what orders are in place, and what the relationship history looks like. Domestic cases turn on context — prior incidents, custody disputes, and the accuser's motives all matter from the start.
We obtain police reports, secure 911 recordings, review medical evidence, investigate the accuser's credibility and prior history, challenge the basis of any protection orders, and file motions to suppress improperly obtained statements.
Dismissal, reduced charges, lifted protection orders, or acquittal at trial. We pursue the strongest outcome your case allows while protecting your record, your firearm rights, and your relationship with your children at every step.
Your Domestic Violence Defense Team
A former prosecutor who built domestic violence cases and a retired judge who decided them for decades.
Areas We Serve
We defend domestic violence charges throughout DuPage County and neighboring Illinois counties.
2150 McDonald Dr Suite 1608
Oak Brook, IL 60523
Available for in-person case reviews upon request. We defend domestic violence cases in all of DuPage County and neighboring counties throughout Illinois.
Do not make any statements to police beyond your identifying information, and do not contact the alleged victim — even to clear up a misunderstanding. An automatic no-contact order is almost always issued at arrest, and any contact can result in additional charges that stack on top of the original case. Call an attorney immediately. The state pursues domestic battery cases aggressively regardless of what the alleged victim wants, and the first hours after arrest are the most important for protecting your rights and addressing any emergency protection orders.
Not automatically. In Illinois, the decision to prosecute belongs to the state's attorney, not the alleged victim. Prosecutors routinely pursue domestic battery cases even when the complaining witness recants or refuses to cooperate. That said, a non-cooperative victim creates significant problems for the prosecution — it removes their key witness and often makes proving the case at trial extremely difficult. We work with the complete picture, including the alleged victim's position, to identify the strongest path toward dismissal or reduction.
An order of protection is a civil court order that prohibits contact with the protected person and can remove you from your shared home. Emergency orders are issued the same day the petition is filed — without you present — based solely on the petitioner's allegations. They are temporary, typically lasting 14 to 21 days. A plenary order of protection hearing must be scheduled, and that is where you have the right to appear, present evidence, and challenge the allegations. We appear at plenary hearings to cross-examine the petitioner and argue against entry of the order when it is based on exaggerated or false claims.
Yes — permanently. Under the federal Lautenberg Amendment, any misdemeanor domestic battery conviction results in a lifetime ban on firearm possession. This applies regardless of whether the charge is a misdemeanor or felony, and it cannot be expunged or pardoned away under federal law. If you hold a FOID card or concealed carry license, those are revoked upon conviction. Protecting your firearm rights is one of the most important reasons to fight domestic battery charges rather than accept a plea — and we build every defense with that consequence in mind.
Yes, significantly. Illinois family courts are required by law to consider domestic violence findings when determining parental responsibilities and parenting time. A conviction or even an active order of protection can result in restricted or supervised visitation and can shift the custody determination heavily against you. Many domestic allegations arise directly from contentious custody disputes. We coordinate your criminal defense with an awareness of the family court implications, pursuing outcomes that protect both your criminal record and your parental rights.
Domestic battery is a Class A misdemeanor for a first offense and involves bodily harm or physical contact of an insulting or provoking nature with a family or household member. Aggravated domestic battery is a Class 2 felony and requires either great bodily harm, permanent disability or disfigurement, or strangulation. The strangulation element is critical — any allegation of choking, even without visible injury, can elevate a misdemeanor domestic battery to a non-probationable felony. The distinction determines whether prison time is mandatory and how significantly the charge impacts your firearm rights, custody case, and permanent record.
Violating a no-contact or order of protection — even accidentally — is a separate criminal charge that stacks on top of your original case. A first violation is a Class A misdemeanor. A second or subsequent violation where the protected person suffered injury is a Class 4 felony. The fact that the alleged victim initiated contact is not a defense under Illinois law — the order binds you, not them. Call us immediately. We can work to have the underlying order modified or contested at a plenary hearing, and we build a defense around the circumstances of the alleged violation.
Misdemeanor domestic battery cases in DuPage County typically resolve within 3 to 9 months. Felony aggravated domestic battery cases can take 12 to 24 months depending on the evidence, whether expert witnesses are needed, and whether the case goes to trial. Protection order hearings move much faster — a plenary hearing is typically scheduled within 30 days of the emergency order being issued. We give you a realistic timeline at your free consultation based on your specific charges, the evidence in your case, and the court where your matter is filed.
Resources
Guides written to help you understand your charges, your rights, and your options after a domestic violence arrest in DuPage County.
Get Started
Submit a contact form or call us to schedule your free domestic violence case review. Protection orders get issued fast, the state locks in their version of events early, and your gun rights and custody position are at stake. The sooner we act, the more we can do.
Your information is confidential and protected by attorney-client privilege. We will never share your information.
