Illinois domestic violence laws apply to family members and specific relations. This includes all blood-related family, step-families, and married couples. As these laws developed, they added former spouses and connections through current or former romantic partners. They further outline offenses conducted by caregivers against disabled individuals.
The Initial Arrest
Law enforcement investigates all allegations of domestic violence on the scene. They evaluate the initial evidence presented. The individual with the most physical evidence of domestic violence is identified as the victim most often. Any other individuals connected to the assault are arrested under suspicion of domestic violence. Anyone arrested on these charges should contact Criminal Defense Attorneys in Kankakee today.
When an Order of Protection is Present
An order of protection prohibits the accused from certain activities associated with the victim or their children. These orders prohibit direct and indirect contact in most cases. They stop the accused from participating in activities that are potential causes for their unwanted behaviors. For example, if the accused has a history of drug or alcohol abuse, they are ordered to refrain from using these substances.
When children are involved, the court may include supervised visitation monitored by a court officer. They are common in divorce cases in which spousal abuse has been identified. These provisions are used to protect the children from potentially dangerous circumstances.
Defenses Against the Allegations
False allegations of domestic violence are probable during divorce cases. In these instances, the alleged victim utilizes applicable laws to seek custody. However, in these cases, the evidence is examined along with the victim’s testimony. If the injuries aren’t conclusive with the form of assault identified, it is possible to discredit the case. Equally, if the initial assessment identifies the wrong individual as the victim, the accused could present evidence of prior incidents.
In Illinois, domestic violence laws are upheld to protect the victim. However, these cases are often more complex that first suspected. The attorney representing the accused must investigate these allegations to ensure that the victim hasn’t presented false testimony against their client. Anyone accused of these crimes may click here to know more info or hire Criminal Defense Attorneys directly.
