DuPage County Order of Protection Violations Attorneys

Criminal Defense Lawyers for Defendants Facing Charges Related to Domestic Violence

Despite decades of focused awareness programs, domestic violence continues to be a serious issue for thousands of families in Illinois and millions more around the United States. From a legal perspective, domestic violence tends to straddle the boundary between family law and criminal law. As a result, allegations that are made in the midst of a heated marital dispute can easily lead to criminal charges if the police are called.

At Nagle & Giese, P.C., we realize that with the political and public pressures, in addition to the "better safe than sorry" approach taken by most responding officers, you could find yourself in the middle of an extremely difficult situation. Things are likely to get even worse if you are accused of violating an existing order of protection against you. Fortunately, the experienced attorneys at our firm are dedicated to helping you clear your name and protecting your rights throughout every stage of the process.

Charges of Domestic Battery

In many cases, an order of protection may be issued based on accusations of domestic violence. These accusations may stem from arguments between spouses or other family members that led someone to call the police. When officers come to the scene of a domestic dispute, they may perform an arrest, which could lead to criminal charges for the person who is viewed as the aggressor.

A person arrested for domestic violence will often be charged with domestic battery. This offense is the same as other forms of battery, but it specifically addresses situations where battery is allegedly committed against a family member, a person who lives in the same household as the alleged perpetrator, or a current or former romantic partner. Battery charges may involve accusations that a person inflicted injuries or other forms of harm, such as by striking or choking a family member, but a person could also be charged with domestic battery based on offensive or provocative contact, such as poking their finger into another person's chest.

More serious charges will apply if a person is accused of aggravated domestic battery. These cases will involve more serious accusations, such as claims that a person inflicted serious bodily harm. The status of the alleged victim may also lead to aggravated battery charges, including in situations where a person was pregnant. Because of the serious nature of these charges, it is crucial for anyone who has been accused of domestic violence to obtain legal representation from a skilled attorney. At Nagle & Giese, P.C., our lawyers can provide a defense against criminal charges while also addressing any issues related to orders of protection.

Violating an Order of Protection in Illinois

Under Illinois law, criminal charges related to domestic violence can take many forms, but one of the most common offenses is violating an order of protection. Violating an order of protection is a very serious matter, and it can have far-reaching consequences that affect many areas of your life.

An order of protection is generally issued in civil court to provide a level of safety and security for victims of domestic violence. Under the terms of an order of protection, the subject of the order can be restricted from contacting the victim, coming near the victim, or otherwise placing the victim in further danger. The order can also require the subject to attend counseling and temporarily forfeit any weapons to local law enforcement.

Once you are accused of violating an order of protection, however, the matter gets pulled into criminal court. Violating a protective order is prosecuted as a Class A misdemeanor for a first offense, punishable by up to one year in jail. A second offense, or an offense after another domestic violence-related conviction, is often handled as a felony. If you are convicted of a second protective order violation, you will be sentenced to at least 24 hours in jail, with a much longer sentence possible.

It is important to understand that violating an order of protection may be prosecuted as a standalone offense, or it can be stacked with other alleged offenses. For example, if you are accused of making prohibited contact with the person who filed for the protective order and committing an act of violence against that person, you could face charges for both violating the order of protection and domestic battery.

Naperville Counsel for Wrongfully Accused Clients

Divorce and child-related disputes can be highly emotional and intensely personal. Unfortunately, it is not uncommon for angry spouses or parents to make unfounded allegations of domestic violence in an attempt to gain an advantage in family court proceedings. Often, the accuser will later calm down and try to retract the allegations, but once the accusations are made, it could be too late. Depending on the circumstances, prosecutors may continue to pursue a conviction, even without a cooperative accuser.

At Nagle & Giese, P.C., we know that there are always at least two sides to every story. You deserve the chance to tell your version of what happened. If you are accused of violating an order of protection, we will listen carefully to your side and conduct a thorough investigation of your case. If appropriate, we are prepared to work with prosecutors to get your charges reduced or dismissed. However, we are also ready to mount an aggressive defense inside the courtroom if necessary.

Contact Our Wheaton Domestic Battery Defense Lawyers

If you are facing criminal charges for violating an order of protection or any other domestic violence charge, contact our office. Call 630-407-1200 for a free consultation with a compassionate member of our team today. We serve clients throughout DuPage County, including in Downers Grove, Wheaton, Addison, Naperville, and the neighboring cities, towns, and villages.