Dupage Domestic Violence Issues Lawyers
There are several domestic violence issues that can be prosecuted in a court of law. After being charged with any of these crimes, it’s important to seek the assistance of an attorney who understands the civil and the criminal processes that are associated with each.
If someone injures another person in any way and the parties are family members or share a home, then the person can be charged with domestic battery. The person could also be charged with this crime if there are any provoking or insulting statements made. Although domestic battery is considered a misdemeanor, it could be charged as a felony if the person has a history of domestic battery. The severity of the battery will also be taken into consideration when charges are given. If the act was committed in front of a child, then the charge could be a felony. The sentence could be longer as well.
Orders of Protection
If someone fears for their safety, then that person can obtain an order of protection. The order is usually valid for a certain period of time as designated by the court. Family members can obtain an order as well as those who receive care by a caregiver. The order can include family members or children of the person who files for the order. An independent order can be obtained if there is a low risk of endangerment. However, if there is an association with a criminal charge, then a judge will usually give the order or protection.
Violations of Protection Orders
If there is any kind of violation of a protection order committed, then the person can be charged with a crime. This would mean a possible ail sentence depending on the circumstances and the person’s criminal history. In order to violate the order, the person must have received the document. The person must clearly understand the actions that are not allowed to be committed. If any injury or death occurs during the violation of the order, then the charge will typically be a felony instead of a misdemeanor.
Endangering the Life or Health of a Child
When you knowingly put a child in a situation where the child can be injured or could possibly die, then you could be charged with endangerment. An added component is that you could be charged if you knowingly leave a child in a car unattended and the child is under 6 years of age. The first violation is usually a misdemeanor with subsequent charges being classified as felonies.