What Are the Defenses to a Domestic Violence Charge in Illinois? Receiving a domestic violence charge in Southern Illinois is incredibly stressful. It’s easy to feel overwhelmed and unsure of how to move forward. You need to know how to defend yourself against it, and today we’ll look at the main strategies for doing so.
For any strategy you use, it’s important not to go forward alone. A Southern Illinois domestic violence defense lawyer can be the difference between a conviction and charges being dropped. At Combs Waterkotte, our Southern Illinois criminal defense lawyers take a client-centered approach and are there to guide you through the process, day and night. Call us today at (314) 900-HELP or set up a free, confidential consultation online.
Today, we’ll be going over several defensive strategies your Southern Illinois criminal defense lawyer might use, including:
- False Accusations
- Lack of Evidence
- Self Defense
- Defense of Others
- Lack of Intent
- Mutual Combat
- Violation of Rights
What Is a Domestic Violence Charge in Southern Illinois?
Illinois’ definition of domestic violence is broader than just one romantic partner striking another. It can include other people (like parents/children, people who live together, etc.), and other acts. The main categories of domestic violence in Illinois are:
- Harassment – Stalking, threatening, or causing public disturbances for someone.
- Harassment can also include violations of child custody orders.
- Physical Abuse – Using excessive force with someone, restraining them, depriving them of sleep, and creating a risk of physical harm.
- Physical abuse can also include sexual abuse.
- Willful Deprivation – Consciously denying someone medical care, shelter, food, or other needed assistance.
- Intimidation of a Dependent – Forcing someone to watch or participate in physical abuse.
- Interference with Personal Liberty – Performing any of the above as a threat to get someone to behave a certain way.
The defensive strategy your Southern Illinois domestic violence defense attorney uses may vary depending on the particulars of the state’s allegations. Fortunately, several blueprints are available to create a strong defense.
Southern Illinois Domestic Violence Defense #1: False Accusations
If the alleged victim made false allegations against you, your Southern Illinois criminal defense lawyer can help you disprove the charges. This defense involves showing that the alleged victim is dishonest and may have had an ulterior motive. It also involves using evidence to build an alibi or otherwise show your innocence.
Southern Illinois Domestic Violence Defense #2: Lack of Evidence
Similar to the false accusations defense, a lack of evidence can be grounds for a judge to dismiss the charges, or for a jury to find an alleged offender innocent. The difference between this and false accusations is that, for a lack of evidence defense, your attorney is arguing that the state’s case is simply too weak to convict you, regardless of other factors.
Southern Illinois Domestic Violence Defense #3: Self-Defense
Self-defense is an important strategy for domestic violence cases. It is an option if the alleged offender was only violent as a way to protect themself from physical harm. For a self-defense strategy to work, the defendant needs to show that there was:
- An imminent threat,
- Reasonable fear, and
- The response was proportionate.
Southern Illinois Domestic Violence Defense #4: Defense of Others
Defense of others is a very similar strategy to self-defense. The same requirements apply; the only difference is that the alleged offender was protecting someone else, rather than themselves.
Southern Illinois Domestic Violence Defense #5: Lack of Intent
Lack of intent can be an effective strategy if the alleged offense was not done on purpose. For example, for a charge involving physical abuse, perhaps a husband is accused of hitting his wife with a hammer, but it actually slipped out of his hand while he was trying to hit a nail. Or in a willful deprivation case, your Southern Illinois domestic violence defense lawyer can argue that the alleged offender wasn’t aware that the alleged victim was missing a specific medication.
Southern Illinois Domestic Violence Defense #6: Mutual Combat
Mutual combat is related to self-defense – it also argues that there was a threat against the alleged offender, and that they only acted to defend themselves. The key difference is that mutual combat does not absolve the alleged offender; instead, it argues that both parties are equally responsible.
Southern Illinois Domestic Violence Defense #7: Violation of Rights
Finally, if there was a procedural error in your case, your Southern Illinois criminal defense attorney can argue that your rights have been violated. For example, if police searched your cell phone without your permission or a warrant, any evidence found would be inadmissible. In that case, your lawyer can argue that the evidence should be thrown out.
Orders of Protection and Domestic Violence Charges in Southern Illinois
Illinois orders of protection, also known as restraining orders, are legal orders that a judge can issue against alleged domestic violence offenders. These orders can prevent the alleged abuser from living in the same house as the alleged victim, and establish other boundaries for the alleged offender’s behavior.
Orders of protection are commonly granted in domestic violence cases and can last from 2 weeks to 2 years, depending on the type. They are decided in civil court rather than criminal court, but if the alleged victim is granted the order of protection, that can be used against you as evidence in the criminal case. Combs Waterkotte can help with orders of protection alongside a criminal case.
Start Building Your Domestic Violence Charge Defense Now with Combs Waterkotte
Whichever strategy is best for your case, Combs Waterkotte will bring its full fighting force to your defense. We specialize in domestic violence, domestic battery, and sex crime defenses. We have handled over 10,000 cases, just like yours. And if the time comes, we are ready to go to trial with you to protect your freedom.
Don’t wait for the state to build its case – call Combs Waterkotte at (314) 900-HELP or set up a contact us online for help today.
