Domestic Violence Issues

Domestic Violence Issues

There are several domestic violence issues that can be prosecuted in a court of law. After being charged with any of these crimes, it’s important to seek the assistance of an attorney who understands the civil and the criminal processes that are associated with each.

Domestic Battery
If someone injures another person in any way and the parties are family members or share a home, then the person can be charged with domestic battery. The person could also be charged with this crime if there are any provoking or insulting statements made. Although domestic battery is considered a misdemeanor, it could be charged as a felony if the person has a history of domestic battery. The severity of the battery will also be taken into consideration when charges are given. If the act was committed in front of a child, then the charge could be a felony. The sentence could be longer as well.

Orders of Protection
If someone fears for their safety, then that person can obtain an order of protection. The order is usually valid for a certain period of time as designated by the court. Family members can obtain an order as well as those who receive care by a caregiver. The order can include family members or children of the person who files for the order. An independent order can be obtained if there is a low risk of endangerment. However, if there is an association with a criminal charge, then a judge will usually give the order or protection.

Violations of Protection Orders
If there is any kind of violation of a protection order committed, then the person can be charged with a crime. This would mean a possible ail sentence depending on the circumstances and the person’s criminal history. In order to violate the order, the person must have received the document. The person must clearly understand the actions that are not allowed to be committed. If any injury or death occurs during the violation of the order, then the charge will typically be a felony instead of a misdemeanor.

Endangering the Life or Health of a Child
When you knowingly put a child in a situation where the child can be injured or could possibly die, then you could be charged with endangerment. An added component is that you could be charged if you knowingly leave a child in a car unattended and the child is under 6 years of age. The first violation is usually a misdemeanor with subsequent charges being classified as felonies.

There are a few different laws to consider regarding domestic violence. If you are a victim of any form of domestic violence or need assistance filing orders for protection against the person who committed the act, then contact an attorney who can help. Most of the time, an attorney can go to court for you so that you don’t have to be in the same area as the defendant.

Domestic Battery
A charge of domestic battery is issued when someone causes any kind of physical harm to a family member or a person who lives in the same home. It can also occur if the person uses insulting language or any kind of provocation against someone who shares the home or is a family member. Most of the time, the charge is a misdemeanor unless the person has prior charges of domestic battery or if there is a protection order in place that has been violated. A jail sentence is typically given if the charge is listed as a felony. If the charge holds as a misdemeanor, then a jail sentence of up to 60 days is possible if the circumstances warrant this type of sentence.

Orders Of Protection
This type of order protects someone who has been abused by a family member or someone else in the home. It also protects an adult who has disabilities from a caretaker. Minor children can be protected as well as those who live in a public shelter. The order can be filed by the person who has been abused or by someone who is acting on the behalf of a minor or another family member who is unable to file to obtain the order. The order can protect against physical contact as well as contact through various media outlets and mobile devices.

Violations Of Orders Of Protection
If someone knowingly makes contact with the victim after an order is in place, then the person violates the order of protection. The act would need to be committed after the person has been served the order and understands the details that are set forth by the judge.

Endangering The Life Or Health Of A Child
A person can be charged with endangerment after causing or allowing any kind of risk to the life or overall health of a child under 18 or if the person places the child in a situation where the child’s life or health could be in danger.

The Illinois Laws

                            There are a few different laws to consider regarding domestic violence. If you are a victim of any form of domestic violence or need assistance filing orders for protection against the person who committed the act, then contact an attorney who can help. Most of the time, an attorney can go to court for you so that you don't have to be in the same area as the defendant. 

Domestic Battery
A charge of domestic battery is issued when someone causes any kind of physical harm to a family member or a person who lives in the same home. It can also occur if the person uses insulting language or any kind of provocation against someone who shares the home or is a family member. Most of the time, the charge is a misdemeanor unless the person has prior charges of domestic battery or if there is a protection order in place that has been violated. A jail sentence is typically given if the charge is listed as a felony. If the charge holds as a misdemeanor, then a jail sentence of up to 60 days is possible if the circumstances warrant this type of sentence. 

Orders Of Protection
This type of order protects someone who has been abused by a family member or someone else in the home. It also protects an adult who has disabilities from a caretaker. Minor children can be protected as well as those who live in a public shelter. The order can be filed by the person who has been abused or by someone who is acting on the behalf of a minor or another family member who is unable to file to obtain the order. The order can protect against physical contact as well as contact through various media outlets and mobile devices. 

Violations Of Orders Of Protection
If someone knowingly makes contact with the victim after an order is in place, then the person violates the order of protection. The act would need to be committed after the person has been served the order and understands the details that are set forth by the judge. 

Endangering The Life Or Health Of A Child
A person can be charged with endangerment after causing or allowing any kind of risk to the life or overall health of a child under 18 or if the person places the child in a situation where the child's life or health could be in danger.                        
The Illinois Laws
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