Your choice of attorney to represent you during a domestic violence charge is important. Please contact our firm today to schedule a consultation with a knowledgeable criminal defense attorney who can provide a clear explanation of your legal rights and options.
Learn More About Domestic Violence Charges
At Marquardt & Belmonte, P.C., we represent individuals charged with domestic violence. Armed with over six decades of combined criminal law experience, we serve clients in Chicago and the surrounding communities. To learn how we handle these cases, please see our domestic violence page.
Below is some basic information about the legal aspects of domestic violence. For answers regarding your particular case, contact our office to meet with one of our experienced defense lawyers. We offer free initial consultations.
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Frequently Asked Questions about Domestic Violence
Q: What is domestic violence?
A: Domestic violence is the use of physical, sexual, economic, emotional and/or psychological abuse by an intimate partner or family member to control the actions of another. In most states, domestic violence crimes include behaviors that constitute assault, battery, sexual assault, sexual battery, stalking, kidnapping, false imprisonment and other criminal offenses that result in physical injury or death.
Q: Can I be arrested for domestic abuse if the injury is minor?
A: Yes. Minor physical injuries, and even the threat of violence, may result in an arrest in a domestic violence case. However, the severity of the injury may influence the specific charge brought.
Domestic Violence - An Overview
Domestic violence used to be viewed as a private matter between two individuals, usually a husband and wife. Given the prevalence of domestic violence and the effect it has on the lives of everyone involved, it is no longer seen as a private matter. All 50 states and the federal government have passed laws criminalizing domestic violence and offering civil relief to the victims. If you have questions about domestic violence, contact an experienced attorney at Marquardt & Belmonte, P.C. in Wheaton, Illinois, for more information. Domestic violence charges are serious and should not be taken lightly.
Domestic Violence Charges and Sentencing
Most domestic violence charges can be charged as either a felony or a misdemeanor. A defendant charged with a felony can serve significant time in prison, whereas a defendant charged with a misdemeanor may serve only a short jail term or be required to pay a fine, attend counseling or be put on probation.
Orders of Protection
Protective orders are used to prevent contact between victims and alleged domestic violence abusers. These orders can have a serious impact on the freedoms and abilities of those who are subject to them and can affect divorce and child custody proceedings.
Domestic Violence and Child Custody
Under state law, domestic violence charges should be considered by the court before making any decisions regarding child custody. Thus, those who have been charged with domestic violence may be denied custody rights altogether or granted limited, supervised visitation with their children.
Federal Full Faith and Credit Laws
Under federal law, a protective order issued in one state must be enforced wherever a violation occurs - even if it is not in the same state where the order was issued. Known as full faith and credit, this federal law seeks to protect victims of domestic violence from abusers crossing state lines to violate the terms of protection orders.
Domestic Violence Resource Links
National Domestic Violence Hotline
Contains detailed information on domestic violence, including information for victims, abusers and family members.
Family Violence Prevention Fund
Website dedicated to preventing violence within the home and in the community, providing information on domestic violence, working with children affected directly or indirectly by abuse and other important information.
National Crime Prevention Council
A public education program designed to stimulate community involvement and generate confidence in comprehensive crime prevention activities.
CDC: Division of Violence Prevention
Resource dedicated to prevention of child abuse, domestic violence, sexual crimes and youth violence.
Emerge: Counseling and Education to Stop Domestic Violence
Resource for domestic violence offenders, providing counseling programs, education sources, support groups and other materials to help break the chain of abuse in intimate relationships.
