Articles Posted in Domestic Violence

brandi-ibrao-1140359-unsplash-copy-300x225Last week, Kim Foxx announced that she would be shutting down operations for the domestic violence courthouse for 14 days after one of the employees tested positive for COVID-19. This is despite the fact that there has been a spike in domestic violence complaints during the shutdown. 

As of the writing of this blog post, prosecutors had stopped hearing domestic violence cases in all but the most violent or dangerous of situations. The office assured those in difficult situations that they were setting up a means to field complaints by phone. Those in dangerous situations are currently advised to petition judges in civil court for injunctions, restraining orders, and more. 

An Uptick Domestic Violence Hotline Calls 

rawpixel-1055781-unsplash-1-300x201Monday, a judge delayed the trial of former Lake County councilman Jamal A. Washington. Washington is being charged for the third time with domestic battery. The initial date had been set for April, but Washington’s attorney asked for a continuance because he plans on calling more witnesses than he had originally listed.  

The 46-year-old Washington has been convicted twice of domestic battery. In this case, Washington is accused of striking Gary Councilwoman LaVetta Sparks-Wade and holding her against her will for nearly 16 hours in her own home. 

The continuance will allow the prosecution to depose the witnesses prior to the trial and allow the defense to introduce what is more than likely to be exculpatory evidence on Washington’s behalf. 

ryan-ei-cl8xcbco-unsplash-copy-300x200Hours after sharing a meal together, an unnamed woman shot and killed her boyfriend, Steef Giovanni Corniel. The woman told police that Corniel had struck her several times and been physically abusive in the past. She said that Corniel had struck her while she was driving and later choked her at her apartment. He also threatened to kill her mother, according to the woman.

River Grove police chief Mike Konwinski believes the woman should be charged with murder, but Cook County State’s Attorney Kim Foxx says that there is not enough evidence to prosecute. Corniel’s family believes that the woman should be charged and in a statement, Corniel’s grandfather claimed that the killing was not self-defense, it was murder.

What Happened?

quentin-kemmel-445082-copy-300x200Juan Lopez, the man who gunned down a police officer and two hospital employees (one of whom was his former fiance) before turning the gun on himself, is now known to have had an order of protection filed against him by his ex-wife. The same day, the man entered her home, stole some of her property, and then destroyed everything else. His ex-wife told officers that the man responsible for destruction and theft had a key to the place and that she had a protective order issued for her husband. Detectives never questioned Lopez, however, who would have been the key suspect in any follow-up investigation.

Reports Unearthed Years After Shooting

The Chicago Tribune unearthed the report years after the shooting after an open records request. The details raised renewed concerns about how seriously law enforcement takes restraining orders. In this case, the wife had a restraining order against her husband and the husband appeared to violate that restraining order, in the process, committing a serious crime. However, police never followed up on the lead and Lopez went on to commit an even more serious crime.

larry-tseng-183721-unsplash-300x225Because domestic violence is a very real and pervasive threat in the U.S., the Illinois legislature has concentrated on making domestic violence laws more stringent. Law enforcement in the state has created dynamic new policies. Prosecutors are now responsible for enforcing new laws in addition to ones that are already on the books.

Many people do not realize that the state files the criminal charges for domestic violence, not the victims. It is important that you have a clear understanding of the laws governing domestic violence and what may be ahead if you are convicted of such a crime. A Chicago domestic violence attorney can help assess your case and guide you through building your defense.

What You May Not Know About Domestic Violence Laws in Illinois

simon-migaj-423321-unsplash-copy-300x200On January 21, an individual was arrested for allegedly kicking his girlfriend in the stomach and killing her unborn child.

A neighbor told police that she heard a woman screaming at approximately 3:30 in the morning on January 19 before calling authorities. A 19-year-old woman then informed law enforcement that she had severe pain in her stomach because her boyfriend kicked her multiple times after the two had an argument in their apartment.

After the altercation, the boyfriend, 22-year-old Kahlil Ellison, fled the scene but was swiftly apprehended and taken into custody by sheriff’s deputies. Authorities reported the argument was over a cell phone.

kevin-gent-219197-copy-300x200On January 16, 2019, an Aurora woman was arrested and charged with three counts of felony aggravated battery and three counts of misdemeanor domestic battery at Rush Copley Medical Center in Aurora. The charges were spurred by a video of the incident captured by a witness who in turn called 911. The woman is accused of dragging her five year old child by the hair and holding him down and pinching his neck, causing bruising, according to The Chicago Sun Times.

What are the Punishments for Aggravated Battery and Domestic Battery?

In Illinois, aggravated battery is a Class 3 felony and is punishable by a term of imprisonment of between two and a half to five years with a potential fine of up to $25,000. In certain cases, this sentence can be extended to up to 10 years if certain aggravating circumstances exist. A previous felony conviction within the last 10 years or if the battery is committed against a victim 12 years of age or younger are just two of the aggravating factors that can be considered. Domestic battery is considered a Class A misdemeanor (although it can also be charged as a felony in some cases) and can be punished with up to a year in jail and a fine of up to $2500. It is important to note that domestic battery is a misdemeanor that, upon conviction, even if you are sentenced only to court supervision, can not be expunged from your criminal record. This differs from many other misdemeanors and further exemplifies the seriousness of the charge.

matt-popovich-60437-copy-300x162The 2017 Annual Report released by the Illinois Courts showed 2,790 new domestic related cases in the state. Contrary to popular misconceptions about domestic violence, the laws in Illinois that govern this crime reach much further than abusive spouses.

Illinois statute 750 ILCS 60 addresses domestic violence and defines it as a crime against another member of the same household. It also explicitly defines household members as former spouses, blood relatives, children, parents, and stepchildren, in addition to current spouses.

Domestic violence law in Illinois is differentiated from the same law in other states in that it encompasses harassment, intimidation, and other actions that do not involve physical harm. The determining factor is whether the assailant harasses, threatens, or inhibits the personal liberty of the victim. Regularly, verbal abuse or threats meet this criteria.

kira-auf-der-heide-352824-unsplash-copy-200x300A man from Aurora with a history of domestic abuse was convicted of punching and strangling his girlfriend while their child was in her arms.

The Kane County State’s Attorney’s office stated that 30-year-old Daniel Benson, Jr. allegedly assaulted his girlfriend after the pair had an argument. The victim was holding their child when Benson punched her in the ribs while in the kitchen of their home. The girlfriend then ran to the living room in an attempt to put the child in a bassinet.

Benson punched her again causing her to fall to the ground. According to police, Benson then strangled her for approximately 30 seconds, but stopped when he heard police.

tertia-van-rensburg-37121-copy-300x224Chicago domestic violence cases are some of the most stressful and frightening for everyone involved. Not only is the defendant facing years in prison for the alleged crime, but the victim has to face his or her attacker once again. What many people do not realize is that when someone calls 911 to report domestic violence the police, have to arrest the accused even if the caller does not want to press charges. The state is the entity that winds up pressing charges against someone accused of domestic violence. Let us take a look at what to expect in a domestic violence case in Illinois.

First Court Appearance

If you have been charged with domestic violence in Chicago you will notice that the first court appearance will be a bond hearing in front of a judge. Many charged with domestic violence for the first time will be surprised that they can not post bond at the police station, which is how it is done for almost all other types of misdemeanor crimes. Instead, the defendant will need to wait until a bond hearing can be scheduled with a judge.

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