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Will County criminal defense attorney order of protection

Domestic abuse is a serious criminal offense in many states. According to the Illinois Domestic Violence law, any person who hits, kicks, chokes, harasses, threatens, or interferes with the personal liberty of a family or household member has broken the law. In many cases, a spouse may accuse his or her partner of abuse during their marriage. If the alleged victim fears for his or her safety, he or she can obtain an order of protection. This is a legal document that restricts the alleged abuser from doing certain things. For example, contacting the alleged victim via phone or coming within a certain distance of his or her home or work. Any violation of a protective order can result in serious penalties in Illinois. 

Types of Protective Orders

Often called a “restraining order,” an order of protection may be issued against someone who is accused of domestic violence. Basically, these types of orders prohibit an alleged abuser from continuing to threaten or abuse the person who obtained the order. Besides physical abuse, this may also include intimidation, interference with personal liberty, or willful deprivation. 

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My Spouse Can Get My Domestic Battery Charge Dropped … Right?Domestic battery charges in Illinois are a serious matter. A fight or argument that escalates and gets out of hand can easily result in law enforcement being called and you being placed in handcuffs. If criminal charges are filed against you, the first offense of domestic battery can result in a jail sentence of up to one year. If you have prior convictions for domestic battery, you may face between one and three years in prison. Because a conviction for domestic battery can result in such severe consequences, individuals charged with this offense may make every attempt to have the charges reduced or dismissed altogether.

The Victim’s Testimony is Important – But Not Necessarily Critical

One of the more common methods of seeking a dismissal that domestic battery defendants attempt to employ is to speak with the victim him- or herself and ask that he or she have the charges dropped. Setting aside for the moment any consideration of whether the defendant’s act of contacting the identified victim in a domestic battery case would violate the defendant’s conditions of bond, this method is not as effective as it might first appear.

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