Wheaton, Illinois Domestic Battery Attorney

DuPage County and Kane County Domestic Violence Lawyer

In Illinois, domestic violence charges are commonplace. Very often when there is an argument at home, the dispute escalates and someone calls the police. Many of these cases become so emotionally charged that the defendant is automatically presumed guilty before all the facts become known. Once police are called to respond to a domestic situation, many police departments have a policy that someone must be arrested. The result is that often times, a person finds themselves charged with a crime even if the accuser’s claim has very little credibility. Unfortunately, many girlfriends/boyfriends and spouses falsely allege that they have been abused in order to bolster a child custody case or simply to exact revenge for something that has occurred during the relationship.

When you are falsely accused of domestic violence or abuse, you need an Illinois criminal defense attorney that has a strong track record of success with these types of cases. For two decades, Attorney Stacey A. McCullough has represented defendants in domestic violence cases. Stacey has vast experience in this area of the law, and many clients come to her because of her ability to successfully argue their case from a female’s perspective. Stacey examines every piece of evidence and is able to appropriately, and often, aggressively cross-examine the accuser to expose any holes in the prosecution’s case. She fights hard to protect your rights and minimize the impact the case will have on your criminal record.

Domestic Violence Laws in Illinois

Illinois domestic violence convictions can carry some very stiff penalties depending on the circumstances. Domestic Battery is classified as a violent crime in Illinois, and defendants may be charged with a Class A misdemeanor or even a Class 4 felony if you are a multiple offender or if the injuries are serious. Class A misdemeanors carry punishments of up to one year in county jail and up to a $2,500 fine. Class 4 felonies carry punishments of up to three years in state prison and up to a $25,000 fine.

Domestic abuse in Illinois is defined as “physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation” of a family or household member. Some domestic relationships that may fall into this category include:

• Spouses/Ex-Spouses
• Parents/Stepparents
• Children, Stepchildren, and Siblings
• Blood Relatives
• Girlfriends/Boyfriends (Current and Former)
• Roommates (Current and Former)
• Caregivers of the Elderly and Disabled

Domestic violence in Illinois covers a broad range of circumstances and is not limited to incidents where significant injuries occur. A person can be charged with Domestic Battery for a push or shove, and the result can be significant. Supervision IS NOT an allowable disposition if there is a finding of guilt. A conviction is mandatory, and cannot be expunged. An arrest for Domestic Battery can lead to the “victim” seeking an Order of Protection, which can have dire consequences on a person’s freedom. Violating an Order of Protection can lead to yet another criminal charge, and you will need a skilled criminal defense attorney to help. Along those lines, domestic violence may result in charges such as Telephone Harassment, Harassment through Electronic Communication, or even Stalking. In addition to tough sentencing guidelines, a domestic battery conviction can carry other adverse consequences; these include:

• Trouble Securing Employment
• Limitations on Where You Can Live
• Expulsion or Denial of Admission to a College or University
• Denial of a Firearm Permit
• Denial of Child Custody and/or Visitation Rights

With your future at stake, you need an experienced and competent DuPage County domestic violence lawyer that will stand up for your rights. Take the first step in your defense today by contacting our firm at 630-871-1700 for an Initial Attorney Meeting. Our law firm represents clients in criminal legal cases, traffic violations, juvenile defense cases and expungements throughout the Chicago area including Wheaton, Naperville, Downers Grove, and throughout DuPage County and Kane County.