Frequently Asked Questions | Lake County Domestic Violence Attorneys

Can a Person Easily Drop Domestic Violence Charges in Lake County, Illinois

Since domestic violence cases are prosecuted by the state, the victim cannot instantly drop charges and end the case. A Lake County Criminal Lawyer may be able to assist in requesting that the Prosecutors drop the charges—particularly if the victim is no longer willing to testify against the accused.

Even when the victim drops charges, the accused needs legal support from an experienced Lake County Illinois Domestic Violence Attorney. However, if the victim wants to drop the domestic violence charge in Lake County, it is important to provide information that the arresting officers did not receive or did not convey to the prosecutors: mutual combat, intoxication, and injuries to the defendant. The Law Offices of Jason R. Mercure aggressively and proactively seeks and investigates additional information that may explain or minimize the alleged conduct when appropriate.

What is Domestic Violence in Lake County, Illinois?

Domestic violence in Lake County is defined as some form of violence, abuse or injury that occurs between spouses, ex-spouses, cohabitants, family members, or people in a relationship. Domestic violence in Waukegan and Lake County, IL may be purely physical in nature or may involve neglect, emotional abuse or sexual abuse. Child endangerment is also a form of domestic violence.

What are the Penalties for Domestic Violence in Lake County?

Domestic violence in Illinois may be charged as a misdemeanor or a felony depending on the circumstances. If charged as a misdemeanor, a defendant may face up to 6 months in county jail, counseling, fines, community service, and a restraining order prohibiting contact with the victim.

A felony domestic violence conviction in Lake County, Illinois may result in similar penalties, but a more extensive sentence (up to 3 years) in state prison and much higher fines (up to $6,000 or more in some cases.)

What is a Restraining Order or Order of Protection in Lake County, IL?

Restraining orders in Lake County, Illinois are often related to domestic violence cases because alleged victims have the opportunity to retain these for protection from their abuser. A restraining order is a Lake County court order that prohibits certain actions by the person named in the order, such as prohibiting him or her from contacting the victim or coming within a certain distance of the victim.

Do I have the right to challenge a restraining order?

If you have been served a restraining order in Lake County, IL, you have the right to file a response and to represent your side of the story in a court hearing. Depending on the outcome of the hearing, the restraining order may be dismissed or may be extended to last for a longer period of time. A Lake County Restraining Order Lawyer can assist you by representing you at your hearing to work to have your restraining order dismissed.

Is Domestic Violence in Lake County, Illinois prosecuted as a Felony or as a Misdemeanor?

The Prosecutor can try this crime as either a felony or a misdemeanor, depending on the details behind the charges. If little or no injuries resulted from the incident, and if there is no former history of domestic violence in Lake County, it may be prosecuted as a misdemeanor, resulting in more lenient penalties, such as probation or anger management requirements. Serious cases charged as felonies see more significant penalties that may include substantial time in state prison. No matter what the circumstances may be, anyone charged with this crime needs legal support from a Lake County Domestic Violence Attorney.

Can only relatives be charged with Domestic Violence in Lake County?

No. Illinois criminal law follows a broad definition that includes individuals who live in or outside of the residence of the victim—as long as they have a current or former relationship with the accused. Some examples include a spouse or former spouse, a roommate or former roommate, someone you are dating or dated in the past, and relatives.

Does domestic abuse in Lake County, IL always involve physical violence?

Illinois law covers physical bodily injury, but an individual can also be charged for placing a person in reasonable fear of imminent bodily injury. Under the law, threats are taken seriously. While it is true that many instances of threats are never fulfilled, it is not uncommon for an individual to make a threat in anger and face trial. No matter how trivial the situation seems in hindsight, always assume the prosecution plans to prosecute to the fullest extent of the law. Your best chances at freedom require the legal support of Lake County Illinois Domestic Violence Attorneys.

I was falsely accused of Domestic Violence in Lake County! Do I still need an attorney?

Any person facing domestic violence charges in Lake County will need legal counsel. It does not matter how ridiculous the allegations may seem. It is a legal process and as such certain procedure must be followed and only when properly handled can it be proven that the charges you face are entirely false.

Contact a Lake County Illinois Domestic Violence Attorney FREE at: 847.336.4440

If you have been charged with any domestic violent crimes in Lake County, it is important that you contact an experienced domestic violence criminal defense attorney. The Criminal Defense Attorneys at The Law Offices of Jason R. Mercure are ready to assist you in these matters. We can help you put forth a solid defense aimed at clearing you of the charges or minimizing your exposure to harsh penalties and jail time.

Remember...We offer FREE consultations, during which we will talk with you about your legal situation and how Illinois law may apply. During this consultation, you can ask your questions and trust that you will receive thorough answers based on in-depth legal knowledge. Contact us today at 847.336.4440