He said that our client was the aggressor. The accuser had a scratch on her neck and a scratch on her right wrist that she stated was from the struggle. A domestic battery prosecution is a criminal case that is brought by the government, through the prosecutors office. In Illinois, someone who feels threatened by another person or fears for their safety has the option to obtain a civil remedy for abuse via no-contact order, also referred to as a restraining order. This type of warrant is called a body attachment.. Do not assume that you can guide yourself through a domestic violence matter without legal representation. IRS circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. If an arrest wasn't made and you wish to seek criminal charges against your abuser, bring all relevant information, including the police report number and this form, to your local state's attorney. Because a domestic battery offense assumes a domestic relationship between the offender and the complaining witness, there, are special considerations for bond conditions. A client should speak with the firms attorneys for an assessment of likely outcomes in their case. For our downtown Chicago office, call 312-238-9007, and for our DuPage location, call 630-261-9098. An arrest for domestic battery really is not. Not only are the attorneys at Kostopoulos Law well versed in handling criminal matters, but also in defending your reputation in the court of public opinion. Any conviction on your record creates a criminal record, which can be detrimental to many aspects of your life. The officer noticed the victim had two swollen eyes, the left already showing signs of bruising. An arrest for domestic battery really is not a simple matter of the witness not showing up in court. The victim reported our client, her husband, to the police for Domestic Battery. ], knowingly violates a condition of that release as set forth in Section 110-. Although it is not mandatory by law, Illinois statute does provide that in determining the terms and conditions of release, the judge should consider a 72-hour cooling-off period. domestic battery, The judge can issue a warrant for, the arrest of that witness and actually have them held in custody prior to trial. Our law firm represented the client in court. Where you can get help and advice: Our firm can offer advice on a clients eligibility for various diversionary programs and advice on how to maximize the chances of being accepted into these programs. The victim did not answer the door. Violating a no-contact order is generally aClass A misdemeanorin Illinois. people with disabilities and their personal assistants. Go to your local circuit court clerk's office and get papers to seek an order of protection for yourself. In fact, most of the suburban counties surrounding Chicago do not require the person who was arrested to post bond. The law says, the following: Whoever, having been admitted to bail for appearance before any court of this State, while charged with a, criminal offense in which the victim is a family or household member as defined in Article 112A of the Code of Criminal, Procedure of 1963 [725 ILCS 5/112A-1 et seq. A domestic battery defense lawyer will be able to appear in court almost immediately in order to ask the judge to permit contact. The attorneys do not specialize, or limit their practice, to any areas of law. An order of protection may: prohibit abuser from continuing threats and abuse (abuse includes physical abuse, harassment, intimidation, interference with personal liberty, or willful deprivation). Violation of an Order of Protection It is a criminal offense, punishablable by jail, to obstruct service of a subpoena. First off, it is illegal to evade a subpoena and a victim or witness can herself be charged for evading service of subpoena. If you are the subject of a no-contact order and have been accused of violating it, contact Dolci & Weiland for help to fight any criminal charges. However, in some counties, the police will bring the person who was arrested before a judge for a bond hearing. The investigator then had the victims neighbor knock on the door and, when the victim answered, the investigator served the victim with the subpoena. A conviction carries penalties of up to one year in jail and a fine of up to $2,500. A person commits perjury when, under oath or affirmation, in a proceeding or in any other matter where by law the oath or affirmation is required, he or she makes a false statement, material to the issue or point in question, knowing the statement is false.. 10, subsection (d) of the Code of Criminal Procedure of 1963 [725 ILCS 5/110-10], commits a Class A misdemeanor. The most common myth is that the victim can cause the case to be dismissed by just not showing up to court. Class A misdemeanor, The victim may contest service of the trial subpoena or may choose to assert her fifth amendment rights against self-incrimination and avoid testifying. We are particularly skilled at cross examination of opposing witnesses and police officer and in asserting self defense claims. For example, in Kane and DuPage County the prosecutors use of the body, It is in your interest to speak with a competent criminal defense attorney as soon as possible. If you are seriously considering an attorney for a case, I highly suggest you give Gus a call first. The majority of criminal cases are resolved short of an outright dismissal. We were able to undermine the credibility of the accuser and the police. Transmission of the information and material herein is not intended to create, and receipt does not constitute, an agreement to create an attorney-client relationship with the firm or any member thereof. The victim cooperated with the defense attorney, rather than with the prosecutors and, at trial, the victim gave truthful testimony that was consistent with the defendants innocent. As aforementioned, this crime can also be charged as a Class 4 felony. As domestic battery offense requires a family or household member relationship between the offender and the complaining witness, there are special considerations for bond. family or household member, What is the process for involuntary commitment as a sexually violent person? The victim and our client later reconciled and the victim cooperated with the defense. A conviction for Domestic Battery would completely destroy our clients nursing career. Complete acase evaluation formor feel free to call the office nearest you for further assistance. A witness who fails to appear for a subpoena could also be arrested and brought to court. release, the judge should consider a 72-hour cooling-off period. It is also important to be able to coordinate with the Defense if the victim wants to drop domestic battery charges against her husband or boyfriend. It does not matter that is made indirectly. A conviction for Domestic Battery would have devastated his life. An order of protection is a court order which restricts an abuser and only is available to family or household members. whatever means, the defendant is charged. This is punishable by 1-3 years in the Department of Corrections and a fine of up to $25,000. The prosecutor will turn over a copy of the letter to the defendants domestic violence defense lawyer. This very rarely succeeds in getting the domestic battery charge dismissed. Under Illinois law, domestic battery applies to situations where the perpetrator and the victim are related as family or household members. You didn't have any knowledge of the no-contact order. The bond most often will state that the defendant is to have no contact with the complaining witness. A witness who is duly subpoenaed who neglects or refuses to attend any court, under the requisitions of the subpoena, shall be proceeded against and punished for contempt of the court.. The vast majority of our clients get their Domestic Violence cases completely dismissed. If the victim writes a letter to the police, the police will turn over a copy of the letter to the prosecutor. He explained every bit of detail, and with that said. Not all other, counties follow this practice. The victim and our client later reconciled. The two later reconciled and the victim wanted the domestic violence charges dropped. However, a Domestic Violence victim can indirectly cause a Domestic Violence case to be dropped by taking the following five steps. Sometimes a victim who wants to drop a domestic violence charge will hide from the police officer who is trying to serve the subpoena and not answer the door. He has earned a reputation as a tough and aggressive attorney who achieves outstanding results for his clients. On the day of trial, the prosecutors, knowing that they did not have the full cooperation of the victim and knowing that our office was skilled in defending domestic battery cases, COMPLETELY DISMISSED THE CASE. Let me provide you with a free consultation about your case! On the day of trial, which is usually a few months out, the prosecutor and the defense lawyer meet to discuss the case. Eventually, we were able to get both, COMPLETELY DISMISSED. With a criminal record, your opportunities to find decent housing, gain employment, further your education and even apply for government resources become severely limited unless you get the convictionexpunged. This phenomenon is known as collateral consequences, and are carried out by society during post-conviction life. Our client is a cancer research scientist, from another country, who was charged with Domestic Battery. contacted a witness despite the no contact order, the prosecutor will seek to file a charge of violation of bail bond. Our client is an airline pilot and a domestic battery conviction would have utterly destroyed his career. What happens if I have an MDDP and drive a vehicle without a BAIID? If the defendant is released from the station, the police officer may make a. determination as to what is appropriate based on what he knows about the incident and the relationship. Don't let one bad decision affect your future - contact a legal representative at Dolci & Weiland today. You can't be convicted for violating an order you didn't intentionally try to violate. Domestic battery is unique in the Illinois criminal code because a defendant may be charged with more crimes while out on, bond. Many people do not know that if they make contact with the complaining witness during this time, in violation of the terms. Law Enforcement Response Our client is a registered nurse who had been beaten by her boyfriend. This defense is used when it can be proven that a defendant is completely unaware that a no-contact order has been issued and didn't intend to contact the accuser. Our attorneys are dedicated to providing you with a quality defense. My process with Gus was swift and easy. Be warned. The case highlights are examples of successful cases and may not be indicative of the results in an average case. At the time of writing this article, the typical bond for domestic battery cases in Cook County is 10% of $5,000 or higher. Contact a local domestic violence program to ask for assistance in completing the forms. The reality is that the domestic battery case will have a few status dates whereby the judge will require the defendant, or at least the defendants lawyer, to appear. Orders of Protection. Our clients ex-girlfriend accused him of Domestic Battery. Upon arrival, the police officer met with the victim, who had injuries to her face. A far better strategy, than mere recantation, is for the victim to cooperate with the defendants attorney and give truthful testimony that is consistent with innocence. Since the aforementioned effective dates, Illinois law features new conditions for aggravated battery, which can be considered a previous conviction in domestic battery cases. Past performance is not a guarantee of future results. She said that our client had hit her. The victim said that she had fled her apartment after our client, who was her boyfriend, had punched her on the head. He selected our law firm to represent him. If the defendant has not yet hired a lawyer, the victim should call a good domestic battery defense lawyer herself to get the process started. It is found at 720 ILCS 5/32-10 in the criminal code. We can then convince prosecutors to dismiss the case. Our clients wife was seeking a divorce and filed Domestic Battery charges. A domestic battery victim who wants to drop charges should immediately call the defendants lawyer to coordinate changing the bond conditions so that they can have contact. The violation of a no-contact order is taken incredibly seriously by prosecutors in Illinois. Illinois Domestic Violence Act: The bond most often will state that the defendant is to have no contact with the complaining witness. After an arrest for domestic battery, most often the police will release the offender upon payment of a small bond orsigning a recognizance bond. I am a former prosecutor. telling you about the importance of saving evidence, such as damaged clothing or property and taking photographs of injuries or damage. No attorney client privilege is created as a result of reading or use of this website, or use of the contact form. It is extremely rare for a case where a victim wants to drop a domestic battery charge to proceed all the way to trial. Please complete all required fields below. Some links within this Web site may lead to other sites. In many counties around the Chicago area, however, prosecutors are using the body attachment process more and more often. In every county, the prosecutor takes contact between a, defendant and the complaining witness very seriously. There are no promises or guarantees regarding the outcome of any case. Once charges are filed, the prosecutors office is in charge of the case. The prosecutors were not willing to dismiss the case and threatened to hold the victim in contempt of court if she neglected their subpoena and did not appear in court. The law does not recognize specializations within law, except for patent or admiralty law. If you do, you can be charged with either a misdemeanor or a felony depending on the circumstances of your case. 18W140 Butterfield Rd #1504, Oakbrook Terrace, IL 60181, Can a Victim of Domestic Violence Drop Charges in Illinois, See How Far the State May Go To Subpoena the Victim, Example of a Victim Cooperating with the Defense at Trial, Whether the victim is cooperating with the Defense or with the Prosecution. In all cases, by law, the judge orders that the Defendant have no contact with the victim for at least 72 hours. The attorney responsible for the content is Kostas Kostopoulos. When this order is served and imposed, a defendant must essentially avoid contacting the accuser as the name of the order implies. This is where it is important to read the fine print. She claimed that our client followed her and again grabbed her and threw her against the wall. For example, the judge will typically review the facts of the case as, provided by the prosecutor to determine what contact, if any, is appropriate between the offender and the complaining, witness (most often a family member). The victim testified that the defendant did not aim the vase at the victim and did not intend to injure her. The police are merely witnesses that may be called to testify by the prosecutor. And they do not want to. 1-800-799-SAFE The prosecutors were not willing to dismiss the case and threatened to hold the victim in contempt of court if she ignored their subpoena and did not appear in court. The state picked up the charges and refused to dismiss them. According to Illinois (740 ILCS 21/5), It is unlawful to violate, or not comply with a no-contact order. On the day of trial, our experienced trial attorneys are often able to get a complete dismissal, without having to call a single witness. In many cases, the judge goes beyond the mandatory 72 hours and orders that the Defendant have no contact with the victim until the case is resolved. Furthermore, if the subpoena has not been served, the prosecutor will often ask the court for a continuance of the trial date. In fact, this may backfire because the prosecutor may use the victims letter at trial against the victim if she tries to testify to help the defendant. How Does Illinois Address Possession of a Controlled Substance? The good news is that you don't have to fight this legal battle on your own with Dolci & Weiland in your corner. The police made the decision to charge the case in the first place. The seriousness of the injuries, the Defendants background, and whether there is a history of abuse. A felony conviction typically occurs when it is a second offense and/or a victim sustains a physical injury due to the violation. This is the say that even where a third party, relates a message, it is still a violation of bail bond. There are a number of common, but false, beliefs that people have about how a victim can drop domestic battery charges. 720 ILCS 5/32-10, We have a successful record of winning cases at trial and are respected by judges and prosecutors. Prosecutors offices generally take a hard line in Illinois Domestic Battery cases. Judges will often put people in jail for violation of bail bond. When the person is released from police custody, or from jail after a bond hearing, he receives a bond sheet. That is why it is very important you talk to an attorney as soon as possible. While it is very unlikely for a prosecutor to file perjury charges against a victim for testifying inconsistently with the prosecutors understanding of the facts, there are a number of things that the prosecutor can do to undermine the victims recantation. Violating an order of protection is a Class A misdemeanor, and the abuser could go to jail for up to 364 days and pay a $25 fine. A police officer was charged with retail theft. The most effective way of avoiding all this trouble is to fight the conviction. Do not assume that you can. Government prosecutors often lack all of the evidence and witnesses that they would like and know that our skilled trial lawyers will prevent them from entering testimony that contravenes evidentiary rules. Domestic violence is a crime. Our firm does not limit itself to criminal cases, or to particular types of criminal cases. Many relationships will fall apart in the time that they are forced to be apart. Protection & No Contact Orders, Illinois Orders of Protection & No Contact Orders: Poster, http://www.cityofchicago.org/city/en/depts/fss/provdrs/dom_violence/svcs/, How Illinois Law Can Protect You From Stalking: Illinois Orders of. domestic relationship, DuPage County, Any unauthorized use of material contained herein is at the users own risk. The bond sheet states all the terms and conditions that apply to that person when they are released. A lawyer was accused by his girlfriend of Domestic Battery. There are consequences imposed outside of the criminal justice system that you may experience if convicted due to the stigma of this crime. In this case, you didn't purposely make an effort to see your accuser. The police believed the boyfriends story over hers and wrongly arrested our client. This is the say that, even where a third party relates a message, it can still be a violation of bail bond. The prosecutor can call the police officers who took the victims statement and confront the witness with her written statement. They are often very dedicated and inventive in getting subpoenas served. The bond sheet is been provided to the person along with his other property. For the past 15 years, I have been a criminal defense attorney aggressively defending people accused of crimes. The skill of the domestic battery defense lawyer in being capable of blocking other forms of evidence from coming in, at trial, if the victim does not testify. It does not matter that the communication was made indirectly. On the day of trial we were succssful in getting the charges dismissed. These guys are seriously top notch. The penalties can include up to one year in jail and a fine of, Violation of bail bond is a Class A misdemeanor offense. For the day of trial, the prosecutor will send a subpoena to the victim compelling her appearance. After graduating from law school as a Deans Scholar, he was selected to become an Assistant States Attorney. The firm does not necessarily sponsor, endorse or otherwise approve of the materials appearing in such sites. Serious crimes like violating a no-contact order definitely require the assistance of a legal professional. A victim cannot directly drop Domestic Violence charges. It may be helpful to contact a local domestic violence program so they can help you through the system. If Abuser Contacts You After an Arrest If you attended any hearings pertaining to the order, you are automatically knowledgeable of the order in the eyes of the courts, otherwise, you can't be convicted for violating it. Attorney Gus Kostopoulos has appeared on several popular news outlets giving insight on cases and other legal matters, including asserting Self Defense in Domestic Violence and other cases. Also, law enforcement should know that the Illinois Domestic Violence Act assumes it is in the best interest of the child to remain with the you or someone you choose. If an abuser commits a second violation of order of protection, courts must sentence the abuser to 24 hours jail time and order abuser to pay $100 domestic violence fine, unless the increased fine will impose an undue harm on you , the victim of the domestic violence. For example, the judge will typically review the facts of the case, as provided by the prosecutor, to determine what contact, if any, is appropriate between the offender and the complaining witness (most often a family member). http://www.cityofchicago.org/city/en/depts/fss/provdrs/dom_violence/svcs/ spouse, They include but are not limited to the following: In order to convict you of violating a no-contact order, or contempt of court, the prosecution must be able to prove three things beyond a reasonable doubt. Our experienced trial attorneys examine all of it very carefully to look for defenses to win the case. Law enforcement officers should try to prevent further abuse by: arresting the abuser when appropriate and completing a police report; driving you to a medical facility, shelter or safe place or arranging for transportation to a safe place; if there is probable cause to believe that weapons were used, taking those weapons; telling you about your right to an order of protection; and. They may also coax you into violating the order by initiating contact or setting up a meeting with you. This can be a very big problem because the case often lasts several months. How do I get an order of protection against someone in Illinois? Request an order during a criminal trial for abuse. Be warned. Every witness who testifies in a trial or other proceeding is legally obligated to tell the truth or they can be charged with perjury. The police arrested our client. If contact occurs, by. Tagged as: What if I got a DUI but I already had two supervisions in one year? 2008 - 2022 - Kostopoulos Law Group, LLC/ All rights reserved/ATTORNEY ADVERTISING MATERIAL. A conviction for Domestic Battery would utterly destroy his life. Can I get court supervision for a first-time DUI if I have a prior reckless driving charge on my record? By posting and/or maintaining this Web site and its contents, the firm does not intend to solicit legal business from clients located outside of Illinois. Thank you for contacting us. The victim and the defendant do not need to wait until the first court date, which may be as long as a month away, in order to change the bond conditions to permit contact. You have been falsely accused of violating the no-contact order. Our office litigated the domestic battery case against the husband and were involved in litigating the contempt petition against the wife. The end result.. Professional, helpful and knowledgeable about the law. After interviewing 4 lawyers in the area and doing my research I felt I'd get the best outcome with Gus and his team. Greater than 95% of all cases, are dismissed by Step 3, in our experience, when the victim wants to drop the charges. The accuser claimed that our client had punched him a number of times in the mouth with her closed fist. no contact order, In Kane and DuPage counties, for example, prosecutors commonly use body attachments. It is important to point out that the victim has a perfect right to communicate with the Defendants lawyer. The victim will not be required to appear on these dates and her absence will not affect the case in any way. Many people do not know that if they make contact with the complaining witness during this time, in violation of the terms and conditions of bond, they can be charged an additional criminal offense. The victim stated he had sat on top of her. The State had its investigator go to serve the subpoena at the victims residence. Not all other counties follow this practice. If the defendant is released from the station, the police officer may make an appropriate determination, based on what they know about the incident and the relationship. They will not simply drop the charge if the victim calls and asks them to. guide yourself through a domestic violence matter without legal representation. If you've been charged with violating a no-contact order in Illinois, you may be feeling stressed and overwhelmed. Our firm was successful in getting the contempt petition completely dismissed. No attorney client privilege is created as a result of reading or use of this website, or use of the contact form. Often, prosecutors will argue that the victims original statement to the police is the truth and her recantation is motivated by sympathy for the defendant. body attachment, If the prosecutor has any information indicating that the defendant. Alternatively, the, judge or the police officer can set as a condition of bond that the offender shall have no contact for a period of 72, hours. Each case is unique. (Note: I am using the female pronoun as a shorthand for the victim; though often the defendant may be female and the victim male; or it may be a same sex relationship). Comparing Criminal Sexual Abuse & Assault Under Illinois Law. When a person is charged with a criminal offense and the victim is a family or household member .. the restrictions shall include requirements that the defendant do the following:(1) refrain from contact or communication with the victim for a minimum period of 72 hours following the defendants release; and, (2) refrain from entering or remaining at the victims residence for a minimum period of 72 hours following the defendants release.. I was arrested For Misdemeanor Domestic Violence in Naperville. Our client and her girlfriend were in a same sex relationship. To obtain an Order of Protection, you can: Ask your attorney to file in civil court. A skilled domestic violence defense lawyer will know how to block hearsay evidence, how to raise self defense and how to cross examine adverse witnesses.