Illinois Laws on Domestic Violence or Abuse

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.

The girlfriend, who was six months pregnant, was rushed to the hospital for medical care, but doctors were unable to save her unborn child.

Illinois Statute 720 ILCS 5/9-1.2 states a person commits the intentional homicide of an unborn child if they:

  • Intended to inflict serious bodily harm or cause the death of a pregnant woman or her unborn child
  • Knew that performing acts of violence would cause serious bodily harm or the death of the unborn child
  • Knew that the acts would have a strong probability serious bodily harm or death to the pregnant woman or her unborn child
  • Knew that he woman was pregnant at the time of the assault

An experienced domestic violence attorney in Chicago can help you with you case if you are facing charges of domestic assault.

Illinois Laws on Domestic Violence or Abuse

The issue of domestic violence is one that is frequently in the headlines and continues to be an ongoing problem in the U.S. State legislatures are at the forefront of penalizing those convicted of domestic abuse and violence.

Provisions that govern domestic violence will vary from state to state. Almost 40 states have placed domestic violence and its definitions within their criminal code. Almost every state provides some sort of definition for the codes that address domestic relations.

Physical assault does not have to be the only crime committed. Definitions of domestic abuse can also address:

  • Stalking
  • Harassment
  • Emotional abuse
  • Intimidation
  • Other forms of non-physical abuse

Certain statutes define what domestic abuse or violence is and what relationship must be present for it to be applied.

In Illinois, the term “abuse” means not only physical abuse, but intimidation, harassment, interfering with personal freedom, and willful deprivation.

For charges of domestic abuse or violence to be applied, “household or family members” will include current or former spouses, children, stepchildren, parents, and other individuals related by blood or marriage (past or present). Also included are those who live together, have a child together, or are dating. The charges can also be filed if someone has disabilities and is in the care of a personal assistant or caregiver.

Casual acquaintances, friendly interactions, or business relationships do not constitute dating and are not applicable.

Chicago Domestic Violence Attorney

If you have been charged with a crime involving domestic violence, an aggressive defense strategy is your best chance for a reduced sentence or having the charges dismissed. Attorney David L. Freidberg respects and understands the statutes governing domestic assault and will use that reverence to achieve success during your trial.

Possible effective defenses may be able to show that the injuries were accidental, that the defendant acted in self-defense, that the offense was entirely unintentional, or that the defendant was unaware the offense even took place. Regardless of the defense that will suit your needs, Attorney David L. Freidberg can help.

Schedule a free consultation or call (312) 560-7100 today so we can start building your case.

(image courtesy of Simon Migaj)

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