What Happens in a Domestic Violence Case in Illinois? Facing criminal charges in the state of Illinois? Attorney Joshua Boardman from Combs Waterkotte discusses everything you need to know about an Illinois domestic violence case. A domestic violence case in Illinois typically begins with an arrest or police report after an allegation of abuse between family or household members. Prosecutors may file charges such as domestic battery under 720 ILCS 5/12-3.2, which can carry serious criminal penalties and lasting consequences. Courts often issue an Order of Protection that can restrict contact, remove someone from a home, or limit access to children. The case then proceeds through hearings, negotiations, or trial depending on the evidence and defense strategy. Understanding how domestic violence cases work in Illinois courts is critical to protecting your rights and your future.
Combs Waterkotte is a leading criminal defense law firm serving Illinois and Missouri. Our Illinois defense attorneys will fight for your freedom and rights and will not stop until you get justice. If you are facing criminal charges in Illinois, we can help. Call us at (312) 500-HELP 24 hours a day, 7 days a week.
Interview Transcript
Scott Michael Dunn: So what happens in a domestic violence case? I mean, obviously it starts somewhere being accused, but what happens?
Joshua Boardman: Let’s say the accusation has reached law enforcement. Which, then in turn, that report has reached a state’s attorney’s office, and they file charges against you. Then, you’ll have an obligation to attend court. And, if it’s your first charge for domestic battery in the state of Illinois, and there are not any aggravating circumstances—meaning that the state’s attorney did not feel like the evidence was beyond what we talked about before, which was the bodily contact with someone that would fall within the definition of the domestic battery statute, and it was unjustified or unwanted or what have you—then you’re gonna be scheduled for an arraignment. At the arraignment, you’re going to likely waive a formal reading of the charges because, at that point, you’ve hired an attorney and you understand what the charges being brought against you would be. You enter a plea of not guilty. Request discovery. The state’s got an obligation to then send you what evidence they may have at that time. And you’ll start evaluating any witness reports, alleged victim reports, body cam footage, communications between the parties, circumstantial evidence. After you’ve reached that point, at the misdemeanor level, you’re not gonna have a preliminary hearing or anything like that. So, it’ll continue until you’ve reached an evaluation period of the evidence, and the court’s gonna require you to either set it for trial or, perhaps given the circumstances or the facts, then you’ve reached a plea agreement.
