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Chicago Domestic Violence Defense Attorneys

False Accusations Destroy Families

Domestic violence charges can cost you your home, your children, and your freedom. When you're falsely accused, you need an attorney who will fight for the truth.

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Free ConsultationsAvailable 24/7Former Prosecutor

Understanding Domestic Violence Defense

Domestic violence allegations are taken seriously by prosecutors—sometimes too seriously. False accusations are common in contentious divorces and custody battles. A conviction means a permanent criminal record, loss of gun rights, and potential jail time. We investigate thoroughly, challenge inconsistent statements, and fight to reveal the truth.

Domestic Violence Defense Charges We Handle

Domestic Battery

misdemeanor

Physical harm or offensive contact against family/household member

Aggravated Domestic Battery

felony

Domestic battery causing great bodily harm or strangulation

Violation of Protection Order

varies

Contact or proximity in violation of an order of protection

Stalking

felony

Pattern of conduct causing fear or emotional distress

Harassment

misdemeanor

Repeated unwanted contact or threatening behavior

Interference with Domestic Violence Report

misdemeanor

Preventing someone from calling 911 or seeking help

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Illinois Domestic Violence Defense Penalties

These are the potential consequences you face. We fight to reduce or eliminate them.

Domestic Battery (Class A Misdemeanor)

Jail/Prison:Up to 1 year
Fines:Up to $2,500
Order of protection
Firearm rights lost
Cannot be expunged

Aggravated Domestic Battery (Class 2 Felony)

Jail/Prison:3-7 years
Fines:Up to $25,000
Mandatory 72-hour jail hold
GPS monitoring possible
Immigration consequences

Second Domestic Battery (Class 4 Felony)

Jail/Prison:1-3 years
Fines:Up to $25,000
Aggravating factor at sentencing
Extended supervision
Enhanced prosecution

Common Defense Strategies

Every case has potential defenses. Here's how we challenge domestic violence defense charges.

False Allegations

False accusations are common in divorce and custody disputes. We investigate motives and credibility.

Self-Defense

You have the right to defend yourself, even against a family member. We document your injuries and the context.

Lack of Evidence

Many domestic cases rely solely on the accuser's statement. We challenge the lack of physical evidence.

Inconsistent Statements

We compare police reports, 911 calls, and testimony to expose contradictions.

Witness Testimony

Children, neighbors, or others may have seen what actually happened.

Accidental Contact

Not all physical contact is intentional battery. Accidents happen during arguments.

These are just starting points. Your specific case may have unique defense opportunities.

Discuss Your Defense Options
Video Guide

Understanding Domestic Violence Defense in Illinois

Watch Attorney Castellano explain domestic violence defense charges, potential penalties, and how we build winning defense strategies.

  • What prosecutors must prove
  • Common weaknesses in these cases
  • What to expect in your case
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HeyGen AI Video3:45

Illinois Law: Key Statutes

720 ILCS 5/12-3.2

Domestic battery - knowing physical contact or bodily harm to family/household member.

720 ILCS 5/12-3.3

Aggravated domestic battery - great bodily harm, strangulation, or prior convictions.

750 ILCS 60/101

Illinois Domestic Violence Act - definitions and protections.

This is general information only. Consult with an attorney about how these laws apply to your specific case.

Domestic Violence Defense Case Results

Real results for clients facing similar charges. Every case is different, but these outcomes show what's possible.

DISMISSED

Domestic Battery

Accuser admitted to fabricating allegations

NOT GUILTY

Aggravated Domestic Battery

Self-defense proven with photographic evidence

REDUCED

Violation of Order of Protection

Reduced to supervision, no conviction

View All Case Results

Frequently Asked Questions: Domestic Violence Defense

Can domestic violence charges be dropped if the victim doesn't want to prosecute?
The victim does not control whether charges are dropped. Prosecutors make that decision. However, an uncooperative victim makes prosecution difficult. We work to present the full picture to prosecutors, which sometimes results in dismissal.
Will I have to leave my home?
Often, yes. Police typically remove the accused from the home immediately, and judges frequently issue orders of protection prohibiting return. We fight for reasonable conditions that allow you to retrieve belongings and maintain contact with children.
How does domestic violence affect child custody?
A domestic violence conviction creates a presumption against custody. Even allegations can affect temporary custody orders. Protecting your criminal case is essential to protecting your parental rights.
Can I own a gun with a domestic violence conviction?
No. Federal law permanently prohibits gun possession for anyone convicted of a misdemeanor crime of domestic violence. This includes domestic battery. This is a lifelong consequence.
What if my spouse or partner lied to police?
False accusations happen frequently. We investigate the accuser's motives, examine inconsistencies in their statements, interview witnesses, and build a defense based on the truth.

Related Practice Areas

Violent CrimesWeapons ChargesView All Practice Areas →

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