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DOMESTIC BATTERY

Domestic Battery is one of the hardest crimes to deal with. Emotions run
especially deep in this sort of offense. Typically, there are other underlying
issues in the family structure that must be dealt with and the actual crime is
only a minor part of a much larger problem. Some of the underlying problems
can include alcohol or substance abuse problems, anger management
problems, or marital problems. These problems need to be addresses in
conjunction to the actual criminal offense. Without addressing these problems,
the likelihood of reoffending increases. Our office can assist you or your loved
one with addressing these underlying problems by referring you to
professionals in this area. Your goals are our goals. If you do not want to work
it out or do not think that working it out is a viable option, then we can assist
you in any divorce action.

Once arrested for domestic battery, except in rare cases, you are placed in jail
with no bond. The purpose for that is to give the parties a mandatory cooling
down period. The bond will be set in front of a judge, typically within 48 hours.
Obviously, if you get arrested on the Friday before a Monday holiday, you can
expect a long sit behind bars before a bond is set.

At a bond hearing in front of a judge, the judge will consider all the evidence in
setting your bond. Usually some money will need to be posted to get out of
jail. The bond hearing is not the best time to start going into detail about your
case. Everything you say can and will be used against you if the case goes to
trial.

Once you bond out of jail, the judge typically orders no contact between you
and the alleged victim. This ‘no contact’ order can last for as long as the judge
says. No contact means no contact. Contact through a third party may be
considered contact. If the prosecutor or judge learns of contact when a no
contact order is in place, you can be taken back into custody and a new,
higher bond or no bond can be set.

If you have a prior domestic battery conviction, your second offense can be
upgraded to a felony. There are also many possible repercussions to a guilty
plea to Domestic Battery which are always discussed prior to any of our clients
accepting a plea negotiation. Court Supervision is not an option to someone
charged with Domestic Battery. It is important to get a lawyer on your side as
soon as possible to help sort out this very complex type of case.

CALL (815) 963-6330 for a free initial consultation.

For More Domestic Battery Information Click here

BATTERY

A Battery can be any insulting or provoking contact to another person. The
threshold of what is insulting or provoking is up to the trier of fact. Anger
management classes are often ordered in these cases, even if Court
Supervision is given.

The information you obtain on this website is not, nor is it intended to be, legal
advice. You should consult an attorney for individual advice regarding your
own situation.

(c) 2008 Brian Morgan