Orland Park Domestic Violence Attorney

Domestic Violence Defense Lawyer for Charges Related to Failure to Report Abuse

In addition to the obvious prohibition against domestic violence, Illinois has a law in effect that prohibits a person who has committed domestic violence from preventing the victim or a witness from reaching out to law enforcement or medical personnel in response to the violence. This can lead to additional penalties for a person who is accused of domestic battery or other related offenses. This highlights the importance of representation from an experienced criminal defense lawyer when facing charges related to domestic violence. At Issa Law, LLC, we provide legal help to people in these situations, ensuring that they can respond to the accusations against them while informing them of their legal requirements, helping them avoid any actions that could lead to further criminal charges, and defending against convictions and orders of protection.

Criminal Charges for Interfering With Reports of Domestic Battery

In order for a person to be convicted of interfering with the reporting of domestic violence, the state must prove that 1) the offender committed an act of domestic violence, 2) the victim or witness was reporting domestic violence or attempting to receive medical attention for issues related to the act and; 3) the offender knowingly prevented or attempted to prevent the person from reporting domestic violence or seeking medical care. Even the attempt to stop a victim from reaching out to appropriate agencies in response to domestic violence is prohibited and punishable under this law. Thus, if a domestic violence offender allegedly tried, unsuccessfully, to take away a phone from the victim who was in the process of reporting the abuse, the offender can be charged with interfering with the report of domestic violence.

The law also prohibits a person from preventing the victim of domestic violence from seeking medical assistance. This means that a person could potentially face charges if they discourage their spouse from going to the doctor to receive treatment for injuries that were allegedly related to domestic battery. The accusations against a person could result in multiple types of charges being pursued, and these charges will depend on the circumstances of the alleged domestic violence or other aspects of a family's situation.

Interference with the reporting of domestic violence is a Class A misdemeanor. The penalties for a conviction may include up to 364 days in jail and a maximum fine of $2,500. If a person is also facing charges of domestic battery or other related offenses, this could lead to a longer prison sentence if they are convicted. It may be possible to receive probation or court supervision in these cases.

If an incident of domestic violence is later shown to have been fabricated by the alleged victim, a person charged with domestic battery should not be convicted of interference with the report of domestic violence. For example, if Person A is trying to prevent Person B from calling the police to falsely report an act of domestic violence, person A should not be guilty of, essentially, trying to prevent Person B from committing a crime (making a false police report). As with so many crimes, every situation and the context under which it happens is different, and therefore, many defenses to such a charge may exist. An experienced attorney can provide guidance on the best ways to address accusations related to domestic violence and defend against convictions for any of these offenses.

Contact Our DuPage County Domestic Violence Attorney

If you are facing accusations related to domestic abuse or other charges involving family members, contact our firm at 708-966-2408 to schedule a consultation.