When someone is charged with domestic violence in Illinois, it can feel like their entire future is on the line. At Edward Johnson & Associates, we understand how fast these cases move—and how damaging the consequences can be, even before a conviction. In many cases, an arrest is made based on a single accusation, and a no-contact order follows right away. That means the accused may be barred from returning to their home or seeing their children immediately. These situations are emotionally charged, and mistakes made early in the process can seriously impact the outcome of the case. That’s why we fight hard from the very beginning to protect our clients’ rights and their reputations.
Understanding Illinois’ Domestic Violence Laws
Illinois law takes domestic violence seriously. Under 720 ILCS 5/12-3.2, a person can be charged with domestic battery if they knowingly cause bodily harm or make physical contact of an insulting or provoking nature with a family or household member. This is usually charged as a Class A misdemeanor, which carries up to 364 days in jail and a fine of up to $2,500. However, the charge can be upgraded to a felony if the accused has a prior domestic violence conviction or if certain aggravating factors exist, such as using a weapon.
Another related offense is aggravated domestic battery under 720 ILCS 5/12-3.3. This charge applies when someone causes great bodily harm, permanent disability, or disfigurement to a family or household member. It’s a Class 2 felony, which carries a prison sentence of 3 to 7 years. A second offense can trigger a mandatory minimum of 60 days in jail, and probation is not always an option. The consequences go beyond jail time—they can affect employment, housing, and even child custody.
We also want to be clear: just because someone is accused doesn’t mean they’re guilty. In fact, many domestic violence cases involve misunderstandings, false accusations, or heated moments that spiral out of control. Sometimes, people call the police out of fear or anger, not realizing how serious the legal impact can be. We carefully examine the evidence in each case, including 911 calls, witness statements, and bodycam footage. We also challenge the credibility of the accusations, especially if there is a history of conflict or bias.
We work closely with each client to build a strong defense. That may include arguing self-defense, disputing the facts, negotiating for reduced charges, or working to have the case dismissed entirely. Our goal is always to protect your record, your freedom, and your future.
Illinois Domestic Violence Frequently Asked Questions
What Happens After A Domestic Violence Arrest In Illinois?
After an arrest, the accused is usually taken into custody and may appear before a judge within 24 to 48 hours. The court will often issue a no-contact order, meaning the accused cannot contact the alleged victim, even if they live together. Violating this order can lead to additional criminal charges. The next steps depend on the nature of the charge, whether it’s a misdemeanor or felony, and whether bail is set. Having legal representation early on is critical.
Can I Be Charged If There Were No Physical Injuries?
Yes. Illinois law allows charges for physical contact that is “insulting or provoking,” even if there is no visible injury. A shove, slap, or grabbing someone’s arm could be enough for a charge if the other person claims it was unwanted and offensive. That’s why even “minor” incidents can lead to serious legal problems if law enforcement is called.
What If The Alleged Victim Wants To Drop The Charges?
Only the prosecutor has the authority to drop charges. Even if the alleged victim asks the state’s attorney not to move forward, the case can still proceed. This is because the charge is considered a crime against the state, not just the individual. We work to present evidence and legal arguments that can influence the prosecutor’s decision, but it is ultimately their call.
How Can A Domestic Violence Charge Affect My Job Or Professional License?
A conviction—even for a misdemeanor—can lead to job loss, professional license suspension, or restrictions on working in certain industries like healthcare, law enforcement, or education. Background checks may reveal the charge, even if it was later dismissed. We understand how important your reputation is and focus on defending not just your case, but your ability to move forward with your life.
Is It Possible To Get A Domestic Violence Charge Expunged Or Sealed?
It depends on the outcome. If your case is dismissed, you may be eligible to have the record expunged. If you’re convicted of a misdemeanor domestic battery, expungement is generally not allowed under Illinois law. However, sealing may be possible under limited circumstances, especially if the charge was reduced or amended. We help clients evaluate their options and take steps to protect their future.
What If I Acted In Self-Defense?
Illinois law allows self-defense when a person reasonably believes that force is necessary to protect themselves or another from harm. If we can show that you were defending yourself or someone else from violence, that defense can be a strong argument for dismissal or acquittal. We look for witnesses, statements, or video that supports your claim and use it to fight for your rights.
Will A Domestic Violence Conviction Affect My Gun Rights?
Yes. A conviction for domestic battery typically results in the loss of your FOID card, which means you can no longer legally possess firearms in Illinois. This can have serious implications for hunters, security professionals, or anyone who owns a weapon for protection. We work to help clients avoid convictions when possible to protect those rights.
Call Our Chicago Domestic Violence Lawyer For Your Free Consultation
If you or someone you care about is facing domestic violence charges in Chicago or anywhere in the surrounding suburbs, Edward Johnson & Associates is here to defend your rights and fight for your future. Every case is unique, and early legal action can make a difference in how it plays out.
Contact our Chicago domestic violence lawyer at Edward Johnson & Associates by calling 708-762-8666 to receive your free consultation. Our Chicago law office proudly serves clients throughout the entire Chicagoland metro area.