St. Charles Domestic Violence Attorney

Compassionate Domestic Violence Defense Lawyer Advocating for Clients in St. Charles, IL

Domestic violence charges are some of the most emotionally and legally complex cases handled by Illinois courts. Allegations of violence or threats within a family or household can lead to immediate arrests, criminal charges, and civil court actions that profoundly affect a person's freedom, their reputation, and their ability to maintain custody of their children. These cases are often prosecuted aggressively, and even a mere accusation can result in life-changing consequences. Anyone who has been accused of domestic violence in St. Charles or other parts of Northern Illinois should consult with a skilled criminal defense attorney without delay.

At Ramsell & Kunowski, L.L.C., our experienced, tenacious lawyers have been providing legal representation for criminal defendants since 1986, and we have assisted with many high-profile matters involving public officials, medical professionals, musicians, athletes, and others. We understand how sensitive and serious domestic violence allegations can be. Our attorneys approach these cases with discretion, diligence, and a focus on building a strong legal defense designed to protect our clients' rights and reputations.

What Constitutes Domestic Violence in Illinois?

Domestic violence is not a separate criminal charge under Illinois law but rather a classification of offenses that occur between people in specific relationships. Allegations that a person has engaged in violence or abuse against family members or people who live in their household may lead to criminal charges. A person may be accused of committing domestic violence against:

• A current or former spouse
• A parent, child, stepparent, or stepchild
• A person related by blood or by present or past marriage
• The co-parent of a person's child
• A current or former romantic or dating partner
• Another person who currently lives or previously lived in a person's home or residence

Abuse may include physical violence, threats, intimidation. It may involve unlawful restraint, such as locking a family member in a room or refusing to allow them to leave the home, or a person may be accused of willfully depriving a family member of food, water, or medicine. Allegations of stalking or harassment may also lead to arrests for domestic violence.

Domestic Assault and Domestic Battery Charges

The two most common criminal charges in domestic violence cases are domestic assault and domestic battery. Arrests may result in charges of assault, battery, or both, depending on whether a person is accused of making threats, acting in an intimidating manner, or inflicting injuries against a family member. Even brief, provocative contact, such as slapping someone in the face, may result in domestic battery charges, regardless of whether this caused an injury.

Aggravating factors, such as the use of a weapon, prior convictions, or causing great bodily harm, can elevate domestic battery to a Class 3 felony or higher. A felony conviction may result in a sentence of multiple years in prison, as well as up to $25,000 in fines, the loss of certain rights, and a permanent criminal record.

The Role of Orders of Protection in Domestic Violence Cases

An alleged victim may seek an order of protection—commonly referred to as a restraining order—through the civil court system. These orders may also be issued by a judge in a criminal case. An emergency order can be granted without the accused being present, and it may:

• Prohibit the accused from entering the alleged victim's residence
• Require the accused to stay away from the alleged victim's workplace, school, or home
• Forbid any contact between the accused and the alleged victim(s), including by phone, text, social media, or passing messages through other parties
• Award temporary custody of children to the petitioner
• Require the surrender of firearms or other weapons

Emergency orders typically last for 14 to 21 days until a full hearing can be held. After a court hearing where both parties may present evidence, the court may issue a plenary order of protection, which can remain in effect for up to two years. If necessary, an order can be renewed.

Violating any terms of an order of protection is a criminal offense. A violation may be charged as a Class A misdemeanor, although Class 4 felony charges may apply if a person is accused of violating terms that award physical custody of a child to a parent or prohibit a person from concealing or abducting a child. The penalties that may be imposed for violating an order of protection will be separate from any other penalties related to charges of domestic violence.

Defense Strategies in Domestic Violence Cases

At Ramsell & Kunowski, L.L.C., we know that domestic violence cases are rarely as simple as they may appear. These cases may be based on false accusations, and it is not uncommon for orders of protection to be filed during divorce or child custody cases.

Our attorneys will help build a strategic defense by:

• Reviewing police reports and witness statements for inconsistencies or omissions
• Challenging the credibility of the accuser when there is evidence of false allegations
• Gathering evidence such as texts, emails, or video recordings that may contradict the accuser's claims
• Interviewing witnesses to support the accused's version of events
• Arguing self-defense or defense of others when appropriate
• Highlighting the absence of injuries or lack of medical documentation to question the accusations

Our attorneys are skilled in negotiating with the prosecution to have criminal charges reduced or dismissed, and we are always prepared to take a case to trial if necessary. We can also provide representation during civil court proceedings related to orders of protection, helping to fight against unjust restrictions.

Contact Our St. Charles, Illinois Domestic Violence Defense Lawyers

Allegations of domestic violence can change your life in an instant. At Ramsell & Kunowski, L.L.C., we are committed to protecting our clients' rights and helping them defend against these accusations. Contact us today at 630-786-6062 to schedule a free, confidential consultation and get help with your domestic violence case.