Chicago, IL Domestic Violence Attorney

Respected Lawyer Defending Clients Against Domestic Battery Charges in Chicago, Illinois

While there are multiple situations where people may be accused of violent crimes, cases involving allegations of domestic violence can be especially serious. If you are accused of threatening or harming a family member, you may face an arrest, formal criminal charges, and restrictive court orders. A domestic violence charge could affect your freedom, your reputation, your job, and your parental rights. The moments following an arrest are critical, and they can influence the outcome of your entire case.

When defending against accusations of domestic violence, you will need an experienced attorney on your side. At Miranda Law Office, LTD, we understand the urgency of your situation, and we have the knowledge and skills needed to help you succeed in your defense. Attorney Miguel Miranda has more than two decades of legal experience, and as a former prosecutor in Cook County who has handled a wide range of criminal cases, he knows what steps to take to protect your rights and help you defend against a conviction.

As a bilingual law firm providing services in English and Spanish, Miranda Law Office, LTD is committed to protecting the rights of people throughout the Chicago area. We are deeply rooted in our community, and we have a strong understanding of the local courts and the legal procedures followed in criminal cases. We have achieved victories for many clients, and we can provide the representation you need as you address the charges against you.

Situations That Can Lead to Domestic Violence Arrests in Chicago

There are a wide range of incidents that can occur in homes or between people with close personal relationships. When police are called to the scene of a domestic incident, they can arrest someone based solely on a report from an alleged victim or other witnesses, even if there is no physical evidence that a crime occurred. Examples of situations that may result in domestic violence arrests include:

• Physical Altercations: A verbal argument between family members that escalates into pushing, hitting, or slapping can lead to an arrest, especially if one party calls 911 or if there are visible injuries.
• Threats or Intimidation: A person may be arrested for allegedly making threats of harm, even if no physical contact occurred.
• Property Damage: Destroying or damaging property during an argument—such as punching a wall—can be interpreted as a threat, which could lead to an arrest for domestic violence.
• False or Exaggerated Allegations: In contentious situations involving child custody, divorce, or breakups, one party may accuse the other of abuse to gain a legal advantage or to inflict emotional harm.

Once a domestic violence complaint is made, police officers have broad discretion to arrest the person who they believe to be the aggressor. Prosecutors are often reluctant to drop charges in these cases, even if the accuser later wishes to retract the complaint. This highlights the need for legal representation from an attorney who can counter the claims against a person and argue for the dismissal of charges.

Common Domestic Violence Charges and Potential Penalties

In Illinois, domestic violence-related offenses may be prosecuted under different statutes depending on the nature of the conduct. Some of the most common charges include:

• Domestic Battery (720 ILCS 5/12-3.2): When a person is accused of causing bodily harm or making aggressive or insulting physical contact with a family or household member, they may be charged with this offense. Domestic battery is typically charged as a Class A misdemeanor, although Class 4 felony charges may apply if a person had previously been convicted of a violent crime.
• Aggravated Domestic Battery (720 ILCS 5/12-3.3): If a person is accused of causing great bodily harm to a family member, they may face Class 2 felony charges, and a conviction could lead to a lengthy prison sentence.
• Interfering With the Reporting of Domestic Violence (720 ILCS 5/12-3.5): Preventing someone from calling for help or reporting abuse, such as by taking their phone, could lead to Class A misdemeanor charges.
• Violation of an Order of Protection (720 ILCS 5/12-3.4): If a protective order is put in place to prevent domestic violence, violating any terms of this order could lead to additional criminal charges. In most cases, this offense is a Class A misdemeanor, but a person with a previous violent crime conviction could face Class 4 felony charges.

The Role of Orders of Protection in Domestic Violence Cases

Orders of protection are court orders that are designed to prevent abuse or harassment. A judge may issue an emergency order based solely on the accuser's claims that they have experienced domestic violence. Emergency orders are temporary, and they are meant to remain in place for a short period of time until a hearing can be held to determine if long-term protective measures are needed.

An order of protection can prohibit a person from contacting the alleged victim or other family members. They may also be required to move out of their home, pay child support or spousal support, or attend counseling. Violating any term of an order of protection can lead to new criminal charges, and these violations may also affect the outcome of an ongoing domestic violence case. Attorney Miranda can help clients respond to protection orders, prepare for hearings, and avoid unintentional violations that could further complicate their situations.

Contact Our Chicago, Illinois Domestic Violence Defense Lawyer

If you have been arrested on domestic violence charges or are the subject of an order of protection, do not wait to seek legal representation. Miranda Law Office, LTD can act quickly to protect your rights and defend your future. Contact our Chicago domestic violence defense attorney at 773-588-3822 to schedule a confidential consultation.