Is it Illegal to Stop a Person From Reporting Domestic Violence?

 Posted on February 18, 2022 in Criminal Law

Assaulting a family or household member, or a current or past romantic partner is obviously a crime. This type of assault is considered domestic violence, and it can lead to jail time - which you hopefully already knew. What you may not know is that sometimes, simply stopping a person from reporting or seeking help for domestic violence can also be a crime under the right circumstances. This law is somewhat unique to Illinois - not many states have a statute like this on the books. If you are facing charges for domestic violence or interfering with its reporting, you will need to speak to an attorney as soon as possible. The consequences of these crimes can be serious.

When is it Illegal to Stop a Report of Domestic Violence?

The first, and perhaps most important, thing you should know about this crime is that it is only illegal to stop this type of report if you are the one who committed an act of domestic violence. If you are not the perpetrator of domestic violence, then you cannot be charged with this specific crime. However, you could face other charges for preventing a victim of domestic violence from seeking help depending on how you go about it.

This law prevents the perpetrator of domestic violence from stopping or attempting to stop their victim from seeking almost any type of help. You could be charged with this crime for blocking your victim’s attempts to call 911, file a police report, seek medical care, or reach out to any agency that aids victims of domestic violence, such as a battered women’s shelter.

If the requisite domestic violence incident is untrue or fabricated, then it is not illegal to prevent or attempt to prevent someone from filing a false police report. However, again, you could be charged with a different crime if you go about stopping the false report the wrong way. For example, if you stop a false report by tackling the would-be reporter, you may open yourself up to a different charge, such as actual domestic violence.

Interfering with a report of domestic violence is a misdemeanor, carrying up to a year of jail time. Harsh sentencing may be more likely if you are charged with this offense on top of the original domestic violence charge.

Call an Illinois Domestic Violence Attorney

If you are facing domestic violence charges, especially if you are also charged with interfering with the report, you need an experienced attorney like those at Issa Law, LLC. Our Orland Park criminal defense lawyers know how complex these accusations can be and will do everything we can to defend you. Call us at 708-966-2408 to arrange a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.5