Domestic Violence in Illinois

 Posted on November 09, 2016 in Domestic Violence

Criminal Law

Illinois criminal law defines domestic battery as knowingly causing bodily harm or making insulting or provoking physical contact to a household or family member. For a first offense, domestic battery is generally a class A misdemeanor. However, domestic battery is a class four felony if the person who committed the crime has a record of domestic violence or one of many other violence-related charges. If the battery is in the presence of a child, there can be increased penalties. In addition to the other penalties, an Illinois a domestic violence conviction may make someone ineligible to carry or own firearms.

Illinois Domestic Violence Act of 1986

The Illinois Domestic Violence Act of 1986 (IDVA) was passed to officially recognize domestic violence as a problem and to give direction to agencies that are involved with domestic violence.

This act focuses on the recognition of issues; for example, the act recognizes that the legal system has been ineffective in dealing with this issue in the past, and it aims to acknowledge that there are various high risk groups which are specifically vulnerable to domestic violence. Additionally, the act helps to understand that households suffering from domestic violence are detrimental to the healthy growth of children. This act also protects people who have been victims of domestic violence or are at high risk of becoming victims of domestic violence.

Finally, the act allows victims and those who are at a high risk of domestic violence to obtain an order of protection to restrain perpetrators from being within a certain distance from a victim and also prohibits perpetrators from engaging in certain behaviors or being at specific places.

Family Law

Domestic violence is also referenced in family law regarding parenting time with children. The court takes the safety and wellbeing of children very seriously and will presume that living with or even seeing an abusive parent unsupervised is not in their best interest. However, the ultimate outcome depends on the facts of a case. The court will also make sure that the other parent is protected, if necessary, by withholding certain information, such as an address.

Let Our DuPage County Domestic Violence Attorneys Help You

If you are in a situation where you are currently the victim of domestic violence, or you were the victim of domestic violence and are going through a divorce or parenting time negotiations with the perpetrator, you need a knowledgeable domestic violence attorney on your side. Our skilled DuPage County domestic violence attorneys at Davi Law Group, LLC can help you to protect yourself and your children from a dangerous situation.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100