Crimes of domestic violence typically involve disputes between loved ones. When police respond to a call relating to domestic violence, they often feel compelled to place somebody under arrest—even when there might be a complete lack of evidence to support any criminal charges.
In some cases of alleged domestic violence, alleged offenders may be taken into custody as the result of false or exaggerated allegations. Even when an alleged victim says that he or she does not want to press charges, it is the prosecutor handling the case that actually has the power to make such a decision.
Under Illinois law family or household members are defined as:
Depending on the type of domestic violence offense you are charged with, the penalties can vary. Many domestic violence offenses are indictable crimes, which can carry a term of imprisonment. Even if you are convicted of a petty disorderly person offense for a simple assault, the conviction can have serious consequences.
Even if you are not facing specific criminal charges but are facing a possible restraining order, it is important to understand that such an order can impact your ability to see your children, and it can change your relationship with your family members and friends. Violating a restraining order — even if you do not believe it was issued legitimately — can result in substantial fines and jail time.
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