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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.

Many states' penalties for domestic violence are increasing, with mandatory probation or prison terms becoming more common, even for misdemeanor charges. The stakes are rising for domestic violence crimes, and you must hire an attorney who will vigorously represent you in your fight for your rights and freedom.

Domestic Abuse Defense

At Donahue, Sowa & Magana, we are one of the oldest law firms in Illinois devoted to criminal law. We are able to offer effective defense for all felonies and misdemeanors, including those related to domestic violence, child abuse, and spousal abuse. We have successfully defended individuals charged with domestic battery and violating protection orders. By enrolling our clients in preemptive counseling—including marital, drug and alcohol abuse, and anger management—we have been able to secure a better outcome for them.

Contact the Illinois Domestic Abuse Attorneys

If you have been accused of domestic abuse in northern Illinois, contact a domestic violence defense lawyer at Donahue, Sowa & Magana.

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 in your area. 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
Web site 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.

Donahue, Sowa & Magana—with offices in Geneva and Lisle, Illinois—is dedicated to defending the rights of people throughout the Chicago metropolitan area, including the cities such as DeKalb, Naperville, Wheaton, Joliet, Downers Grove, Elgin, and Aurora.
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