What is Domestic Violence?

Domestic violence is when police arrest you for hurting, threatening, or harassing someone you have a close relationship with.

In Illinois, domestic violence charges apply when the alleged victim is a family member, someone you live with, someone you used to live with, or someone you have dated. The state takes these charges very seriously because they involve people who are supposed to trust each other. Even arguments between family members can result in serious criminal charges.

Domestic violence charges can tear apart families and destroy relationships forever.

Domestic Violence Charges We Defend Against

Illinois has many different domestic violence charges, and each one has different penalties that can affect your family and your future.

720 ILCS 5/12-3.2 - Domestic Battery

You can be arrested for this charge when you hurt or touch a family member or household member in a harmful way. This is the most common domestic violence charge in Illinois.

720 ILCS 5/12-3.4 - Violation of Order of Protection

You can be arrested for this charge when you break the rules of a restraining order or order of protection. This includes going near the protected person or contacting them.

720 ILCS 5/12-3.5 - Interfering with Reporting Domestic Violence

You can be arrested for this charge when you try to stop someone from calling 911 or reporting domestic violence to police. This includes taking away phones or preventing emergency calls.

720 ILCS 5/12-7.3 - Stalking

You can be arrested for this charge when you repeatedly follow, threaten, or harass someone in a way that makes them fear for their safety. This can happen between family members or former partners.

720 ILCS 5/26.5-2 - Harassment by Electronic Communications

You can be arrested for this charge when you use phones, computers, or social media to repeatedly contact or threaten someone in your family. This includes threatening text messages or emails.

720 ILCS 5/16-18 - Telephone Harassment

You can be arrested for this charge when you make repeated unwanted phone calls to harass, threaten, or annoy a family member or former partner.

720 ILCS 5/12-3.6(b) - Disclosure of Domestic Violence Victim Location

You can be arrested for this charge when you reveal the location of a domestic violence victim who is in hiding. This includes sharing addresses of shelters or safe houses.

720 ILCS 5/32-10(b) - Violation of Bail Bond

You can be arrested for this charge when you break the conditions of your bail in a domestic violence case. This often involves contacting the alleged victim when you're not supposed to.

720 ILCS 5/12-3.3 - Aggravated Domestic Battery

You can be arrested for this charge when you cause serious injuries to a family member or strangle them. This is a felony that can send you to prison.

725 ILCS 5/112A-3(3) - Family or Household Member Definition

This law defines who counts as a family or household member for domestic violence charges. It includes spouses, former spouses, people who live together, people who used to live together, people who have children together, and people who have dated.

725 ILCS 5/112A-1 - Order of Protection

This law allows alleged victims to get court orders that prohibit you from contacting them or going near them. Violating these orders results in separate criminal charges.

725 ILCS 5/112A-30 - Requirements on Responding Officers

This law requires police to follow specific procedures when responding to domestic violence calls, including making arrests and taking photographs of injuries.

725 ILCS 5/115-16 - Spousal Immunity

This law deals with whether spouses can be forced to testify against each other in domestic violence cases. In most cases, spouses can choose whether to testify.

S.Ct. Rule 528(d) - No Bail in Domestic Battery

This rule can prevent you from getting bail in certain domestic violence cases, meaning you might have to stay in jail until your trial.

730 ILCS 5/5-9.1.5 & 1.6 - Statutory Fines

These laws set the specific fines and penalties for domestic violence convictions, including mandatory minimum fines and fees.

Domestic Violence Penalties and Consequences

Domestic violence convictions in Illinois carry serious penalties that can affect your family relationships and your future.

Criminal penalties include:

• Jail time or prison time up to 7 years
• Fines up to $25,000
• Probation with strict no-contact orders

Family and other penalties include:

• Loss of gun rights permanently
• Restraining orders keeping you from your home
• Problems with child custody and visitation

Other consequences include:

• Difficulty getting jobs or housing
• Loss of professional licenses
• Immigration problems for non-citizens

The exact penalties depend on what type of domestic violence charge you face, how badly someone was hurt, and whether you have previous convictions.

How We Help

When you are charged with domestic violence, you may feel devastated, confused, and worried about losing your family.

You might be wondering:

• Will I lose my children?
• Can I go back to my own home?
• Will I lose my job?
• What if my family doesn't want to press charges?
• Can I still see my kids?
• Will this destroy my marriage?

These feelings are normal, and you are not alone. We know what it's like to face domestic violence charges because we have stood by hundreds of people in your exact situation. We understand the heartbreak, the family stress, and the uncertainty you are going through right now.

At McMahon Law Offices, we know the domestic violence court process, we know the judges, and we know the system inside and out. Our team includes a former prosecutor and a retired judge who understand how domestic violence cases work from both sides. We are here to lead the way and fight for the best possible outcome in your case.

The case outcomes we often get for our clients include:

• Charges dismissed completely
• Not guilty verdicts at trial
• Reduced charges to lesser offenses
• Avoiding jail time
• Protecting your relationship with your children
• Allowing you to return home

We will fight hard for you every step of the way and give you the experienced defense you need during this difficult time.

Domestic Violence Defenses We Use

There are many ways to defend against domestic violence charges, and we know how to find and use every defense available in your case.

Common domestic violence defenses include:

• Self-defense or defense of your children
• Proving the alleged victim is lying or exaggerating
• Showing the injuries were accidental
• Demonstrating lack of physical evidence
• Proving you were somewhere else when it happened
• Showing the alleged victim has made false accusations before
• Challenging witness testimony and police reports
• Proving mutual combat where both people were fighting
• Showing the alleged victim was the actual aggressor
• Demonstrating violations of your constitutional rights

Every domestic violence case is different, and we examine every detail of your case to build the strongest possible defense strategy for you.

Why Choose McMahon Law Offices for Domestic Violence Defense?

Former prosecutor Mike McMahon and retired judge Cary B. Pierce combine insider knowledge from both sides of the courtroom to defend your domestic violence charges.

Former Judge & Prosecutor Advantage

We understand domestic violence cases from prosecution, defense, and judicial perspectives. Mike McMahon's experience prosecuting hundreds of domestic violence cases shows us exactly what evidence prosecutors need and where cases fail.

Judge Pierce's 21 years on the bench gives us unique insight into how domestic violence cases are decided and what influences sentencing. This dual perspective gives us advantages other attorneys simply don't have.

24/7 Emergency Domestic Violence Help

Domestic violence arrests often happen at night or on weekends, and you may be held in jail without bail. We're available day or night for jail release, emergency help, and immediate case review.

Our payment plans make experienced domestic violence defense affordable when you need it most. Quality representation shouldn't be limited by money problems during family crisis situations.

Proven Domestic Violence Defense Results

We've successfully defended hundreds of domestic violence cases throughout DuPage County, achieving dismissals and charge reductions through strategic defense work. Our clients avoid jail time, keep their families together, and protect their futures through aggressive trial work.

Real results matter when your family is at stake. We fight hard to get you the best possible outcome in your case.

How We Defend Your Domestic Violence Case

Our proven three-step process protects your rights and fights for the best possible outcome in your domestic violence case.

1. Analyze Your Case

We immediately review all police reports, witness statements, and evidence to find inconsistencies and problems with the prosecution's case.

2. Challenge the Evidence

We attack witness credibility, lack of physical evidence, and constitutional violations to exclude evidence or create reasonable doubt.

3. Fight for Your Family

We negotiate charge reductions or take your case to trial, always focused on protecting your freedom, your family relationships, and your future.

Client Reviews

Our clients tell the real story of how we fight for people facing domestic violence charges in DuPage County.

"Domestic Battery Dismissed - Family Back Together"

"My wife called the police during an argument and I was arrested for domestic battery. Mike McMahon proved nothing happened and got all charges dismissed. We're back together and stronger than ever." - Mark R., Wheaton

"Beat Order of Protection Violation at Trial"

"They said I violated a restraining order, but Judge Pierce showed the jury I was never where they claimed. Not guilty on all charges. I can see my kids again." - David L., Naperville

"False Accusations - Charges Dropped"

"My ex-girlfriend made up domestic violence charges to hurt me in our custody case. McMahon Law Offices proved she was lying and got all charges dropped." - Michael K., Glen Ellyn

Frequently Asked Questions

Get answers to the most common questions about domestic violence charges in DuPage County.

What should I do if I'm arrested for domestic violence?

Stay calm and be polite to police, but do not answer questions about the incident or try to explain what happened. Ask for a lawyer immediately and call us at 630-953-4400 as soon as possible.

Can the charges be dropped if the victim doesn't want to press charges?

Not necessarily. Once police are involved, the state can prosecute even if the alleged victim wants to drop the charges. However, an unwilling victim can make the case much harder for prosecutors to prove.

Will I be able to go back to my home?

This depends on whether there's an order of protection against you. We work to modify or challenge these orders so you can return to your home and see your family.

What if I was defending myself?

Self-defense is a valid defense in domestic violence cases. We investigate thoroughly to prove you were protecting yourself or your children from harm.

How much does a domestic violence lawyer cost?

We offer free consultations and payment plans to make quality domestic violence defense affordable. The cost of a lawyer is much less than the long-term costs of a conviction on your family and career.

Contact McMahon Law Offices

Don't let domestic violence charges destroy your family. Call us now for immediate help and a free consultation.

Get Help Now

Phone: 630-953-4400

Available: 24/7 for domestic violence arrests

Consultation: Free case review

Payment: Plans available

Call 630-953-4400 now for immediate domestic violence help

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