Domestic Violence Defense Lawyer in Chicago

Getting charged with domestic violence or domestic battery can have significant repercussions in your personal and professional life. The charges alone could lead to you losing your job, your family, and permanent harm to your reputation. If you are subsequently convicted of domestic violence or domestic battery, you could lose everything you know and wind up spending a significant amount of time in prison.

When the police come to your home and accuse you of spousal abuse or arrest you for domestic battery, you know that you’re in for an uphill battle. Do not fight this battle alone. The first step you need to take is get in touch with an experienced and skilled domestic battery attorney in Chicago who understands domestic violence law in Illinois.

If police place you under arrest, remember that you do not have to answer questions until your Chicago domestic battery attorney is present with you.

An experienced Chicago defense attorney like Vadim A. Glozman can help preserve your rights and ensure that any questions police or investigators ask you are fair and appropriate.

Additionally, Vadim Glozman can help ensure your responses are legally accurate and properly within the scope of inquiry.

Overview of Illinois Domestic Battery and Domestic Violence Laws

In Illinois, the crime of domestic battery is codified in 720 ILCS 5/12-3.2. According to this statutory provision, domestic battery is defined as someone who knowingly, without legal justification by any means, (1) causes bodily harm to any family or household member or (2) makes physical contact of an insulting or provoking nature with any family or household member.

Under Illinois law, domestic violence is referred to as domestic battery (or, in some instances, aggravated domestic battery). Examples of actions that may be considered domestic battery include:

• Abusing someone sexually
• Assault
• Battery
• Biting
• Choking
• Intimidation
• Kicking
• Open-handed slapping
• Punching
• Shoving
• Strangling
• Threats of bodily harm

Under 750 ILCS 60, domestic violence is any physical, emotional or sexual abuse of a household or family member by another.

In many instances, accusations of domestic violence and domestic battery are often not true. In Chicago and the rest of Illinois, it is quite common for a spouse or significant other to fabricate allegations of abuse. There is no doubt that spousal abuse is a serious crime. However, is it not uncommon for an accuser to exaggerate a story that makes it appear worse than it really is.

For example, some domestic violence and domestic battery allegations are raised in the midst of difficult divorces or drawn-out child custody disputes. Other accusations are made purely out of spite after an emotional breakup. In many cases, prosecutors follow up with these types of charges, even after the accuser recants their accusations.

Even before a conviction, you may be subjected to an “order of protection” (also known as a restraining order). This is a legally binding court order that could change the way you live your everyday life. For example, an order of protection can prohibit you from entering your own home, prevent you from seeing your children, or even require that you turn over property (including your personal weapons) to law enforcement officials or the alleged victim.

As you can see, this is why it is so important to have a skilled Chicago defense attorney on your side to conduct a thorough investigation and uncover some of the untruths and mischaracterizations that may have led to the accusations against you.

Domestic Battery Conviction Can Ruin Your Life

If you are on the fence about retaining the services of a Chicago domestic battery defense attorney, keep in mind that the ramifications of a conviction can be life-altering. Depending on the circumstances of your particular case, you could be charged with a Class 4 felony or a Class A misdemeanor. You could face up to one year in jail and a fine of up to $2,500. However, if you have prior convictions on your record, a judge could sentence you to up to three years in state prison and fine you up to $25,000. A judge could also order you to attend counseling or anger management classes, or probation.

In addition to jail time and large monetary penalties, there are other long-term repercussions. For example, a domestic battery conviction could lead to restrictions on where you are permitted to live, revocation of occupational or professional licenses, and even possible consequences when it comes to custody of your children.

By working with an experienced and skilled Chicago domestic battery lawyer, you will have someone in your corner to help you during this difficult and traumatic experience. An attorney will be there to fight for you and ensure that your side of the story comes out in court.

Even if a prosecutor has already charged you with a domestic violence offense, it still isn’t too late to get in touch with a defense lawyer. The key is action and making that step to get representation. Your defense attorney will be there with you during the entire process. They will help explain your rights, walk you through possible outcomes and answer your questions every step of the way.

Benefits of Hiring a Chicago Domestic Violence Defense Attorney

The state of Illinois takes domestic violence very seriously—but there’s more to it than that. Being convicted of domestic battery or aggravated domestic battery can result in you spending time behind bars, paying hefty fines, and living with the stigma of being a so-called “domestic abuser” for the rest of your life.

While no two cases are the same, it’s always important that you have a skilled, knowledgeable attorney by your side during this difficult process. The prosecution will attempt to prove that you’re guilty of abusing a family member, and you need someone who can help protect your reputation and your rights.

Defending a Domestic Battery Case

There are an array of defenses to domestic battery charges. The most common defenses include the fact that the complaining witness is fabricating the abuse or harm. Another common defense that can be raised is if you were defending yourself from abuse. Essentially, every instance of alleged domestic battery either involves a face-to-face incident in which the complaining witness claims they were battered or a complete fabrication of the incident.

If the accuser is fabricating the incident, it is often possible to prove that the defendant was somewhere else. This is called an alibi defense. It can be proved in many ways, including witnesses, records such as credit card receipts, or surveillance video footage.

Cases that arise from an actual incident fall into two categories: (1) arguments with no physical contact and (2) self-defense. The latter situation is the most common, during which an individual will slap, kick, and scratch an attacker who, in turn, pushes them away, and then claims they were the victim. Keep in mind that any statement to the police which admits physical contact will almost certainly be written up in a police report as an admission of guilt. If the police are questioning you about a domestic battery, insist on a lawyer being present. Otherwise, say nothing.

A case in which an individual alleges they were battered during an argument that actually occurred is more difficult to defend, but not impossible. In many instances, it can be established that the accuser had no visible injuries and received no medical treatment. Sometimes it can be shown that a great deal of time passed before the person made a battery complaint. Other times there are eyewitnesses.

In addition to allegations of actual physical harm, a common allegation levied against spurred ex-lovers, spouses, etc. is harassment. When harassment is alleged, is typically related to alleged telephone harassment. According to 720 ICLS 135/1-1, this offense entails using a telephone to convey obscene comments or to abuse, threaten or harass a person or to cause the phone to repeatedly ring, or to conduct a harassing conversation, among other things. Individuals in failing relationships routinely have many emotional telephone conversations. In an effort to appear victimized, an angry or vindictive ex-lover or spouse can produce a cell phone invoice or caller ID log with multiple calls and claim that you committed telephone harassment.

Fortunately, there are viable defenses to telephone harassment allegations. For example, you can raise the defense of consent. Showing that calls were made to you from the accuser is a good way to establish this fact. Voicemails can also reveal consent to receive telephone calls.

In addition to telephone harassment, charges can be made through electronic communication, according to 720 ICLS 135/1-2. This statutory provision also includes emails, texts, tweets, Facebook messages, etc., can all be used to press a charge of this type. This is why it is so important Individuals to be careful about what you say in a voice message, email or any other medium, and never say anything that could be construed as harassment.

Contact Experienced Chicago Domestic Violence Lawyer Vadim A. Glozman

You do not have the luxury of time if you are being accused of harassment or domestic violence. The sooner you get in touch with a skilled and savvy domestic violence defense lawyer in Chicago, the better. Vadmin A. Glozman provides zealous advocacy for those charged with all forms of domestic violence.

Mr. Glozman represents clients throughout all stages of litigation including grand jury investigations, verdicts, sentencing, and appeals. He will works closely with you to effectively develop a defense strategy and make sure you understand how to best protect your rights.