Kane County Domestic Violence Defense Attorney

What Counts As Domestic Violence In Illinois?

Domestic violence in Illinois covers more than just physical harm. It includes emotional abuse, financial control, stalking, sexual abuse and even threats made through technology.

John Kopp knows the intricate relationships between these charges and can build a strong defense to protect your future.

Defense Against Domestic Violence Charges

Facing domestic violence charges does not mean your fate is sealed. Common defense strategies include:

• False accusations — challenging exaggerated or completely false claims.
• Self-defense — showing that your actions were in response to an immediate threat or contact by another person.
• Lack of evidence — challenging the prosecution's ability to meet its burden of proof beyond a reasonable doubt.
• Accidental injury — demonstrating that any harm was not intentional.

No matter the circumstances, John Kopp's experience as a former prosecutor brings a unique legal perspective to criminal defense to help ensure every angle of your case is explored for the best possible outcome.

Defining Violence Against A Family Or Household Member

A domestic battery charge requires a specific legal relationship between the accused and the alleged victim. Rather than applying to just any physical altercation, domestic violence charges are strictly reserved for conflicts involving individuals who meet the state's statutory definition of a "family or household member." This term applies to:

• Spouses and ex-spouses — current husbands and wives, as well as legally divorced couples.
• Romantic partners — individuals who are or were in a romantic relationship or engagement.
• People with children — parents who share a child in common, regardless of whether they ever lived together or were married.
• Family members by blood or marriage — parents, children, step-parents, step-children, siblings and other relatives sharing a familial or legal bond.
• Roommates and household members — individuals who currently share, or formerly shared, a common dwelling or living space.

If the relationship between the parties does not fit into one of these designated categories, a physical dispute is typically prosecuted as a simple battery. However, if even one of these criteria is met, the state can prosecute the offense as a domestic crime.

Defining The “No-Drop” Policy In Illinois

A common misconception among defendants is that a domestic violence case will be dismissed if the complaining witness decides they want to drop the charges. However, Illinois operates under a strict “no-drop” policy.

Once law enforcement makes an arrest, the decision to prosecute lies solely with the State's Attorney's office, not the individual who called the police. Prosecutors frequently press forward with the case even if the complainant requests a dismissal.

First-Time vs. Repeat Offender Penalties

While a first-time domestic battery is typically prosecuted as a Class A misdemeanor, repeat offenses dramatically escalate the severity of the charges. The offense becomes a Class 4 felony if you have one or two past domestic battery convictions. Prior convictions for specific offenses like committing a violent crime against a family member also elevate the severity of penalties.

The charge climbs to a Class 3 felony with three past convictions and further elevates to a Class 2 felony if you have four or more past convictions. For any second or subsequent conviction, the defendant faces a minimum of 72 hours in jail, without the option for probation or a reduced sentence.