20+ Years of Experience
Dupage County Domestic Violence Lawyers
If you are accused of domestic violence, contact Chicago domestic violence attorney Gus Kostopoulos today. Gus is a former prosecutor with over 18 years experience.
He understands how the prosecution builds a case against you and the shortcuts they take. Call Kostopoulos Law Group today for a free consultation.
Unfortunately, domestic violence allegations in Chicago, IL often happen in the context of marital infidelity or during a child custody battle. Our legal team will aggressively defend you against false allegations. Don’t talk to the police or try to explain your side of the story. Call Gus immediately to find out how we can help.
20+ Years of Experience
Experienced Former Prosecutor
Top Rated in Criminal Defense
Domestic Violence Laws in Illinois
Illinois has passed several legislative acts to punish domestic abusers. The primary source of domestic violence legislation is found in 750 ILCS 60, or the Illinois Domestic Violence Act of 1986.
The Domestic Violence Act is directed to be liberally construed and applied to promote its underlying purposes, so the state has a great deal of latitude in determining when domestic violence occurs.
What is Domestic Violence?
For the purposes of the Act, domestic violence is defined as:
- physical abuse;
- harassment;
- intimidation of a dependent; or the
- interference with personal liberty or willful deprivation.
Again, law enforcement and the state are granted great discretionary powers. They are permitted to arrest and charge alleged domestic abusers for many actions and behaviors.
Chicago police often receive reports of domestic violence for:
- Hitting,
- Slapping,
- Hair pulling,
- Biting,
- Thrown objects or projectiles,
- Waving weapons or objects in the direction of another; and
- Loud, excessive yelling or screaming.
The bottom line is that domestic violence charges may stem from a variety of behaviors. Given how broadly prosecutors can define domestic violence, your best option is to immediately speak to a criminal attorney to discuss your case.
Who Can be the Victim of Domestic Violence?
The Act is applicable to violent or harmful behavior against family or household members. These include:
Individuals with disabilities and their personal assistants.
Spouses or former spouses;
Parents, children, and stepchildren;
Others related by blood or marriage – such as uncles, aunts, or grandparents;
Individuals who have or allegedly have a child in common;
Co-habitants or former co-habitants;
Dating or engaged couples; and
Domestic Battery Charges
The Domestic Violence Act of Illinois is not the only law under which the state may bring charges against an alleged abuser. Domestic violence can take many forms, and the act(s) may violate other state laws. The most common charge is domestic battery [720 ILCS 12-3.2].
A person commits a domestic battery if he or she knowingly causes bodily harm or engages in unwanted physical contact with a family or household member. Note, a conviction for domestic battery requires physical contact, while a conviction for domestic violence does not. But please note that Chicago police are trained to respond aggressively to all domestic violence allegations, regardless of whether there was contact or not.
Penalties for Domestic Violence
Many actions or behaviors can trigger domestic violence violations and charges. As a result, the applicable criminal punishments vary, depending on severity. The facts and circumstances specific to your case, as well as your existing criminal record, will determine how the state classifies the charges against you.
Unless aggravating factors apply, domestic violence is typically a Class A Misdemeanor. If you are convicted of Class A Misdemeanor domestic violence, you may face a sentence of up to 1 year in jail, and/or fines of up to $2,500.
If, however, aggravating factors are present, domestic battery may be charged as a Class 4 Felony. Aggravating factors include a battery:
- Using a firearm;
- Involving a child; or
- Involving sexual assault.
Additionally, domestic battery will be charged as a Class 4 Felony if the accused has at least one prior conviction for domestic battery. If you are convicted of Class 4 Felony domestic violence, you may face a sentence of 1-3 years in prison, and/or fines of up to $25,000. In some cases, an aggravated domestic battery may be charged as a Class 2 Felony, which carries a sentence of 3-7 years in prison and/or a fine of up to $25,000.
Additional criminal punishments for a conviction of domestic violence in Chicago include:
- probation,
- anger management classes, and
- court-mandated counseling.
If other criminal charges are pursued – such as stalking or harassment – punishments for conviction of those crimes may be applied in addition to those for domestic violence.
Courts may issue an Order of Protection for household members who have been abused or who are likely to be abused. Violating an Order of Protection is a Class A Misdemeanor. If you need more information, contact attorney Gus Kostopoulos 24/7 to for more information.
“Got my felony completely dismissed!”
My family’s lawyer told me that you are top trial lawyers. You won my felony hearing and got my felony completely dismissed! Thank you
– Michael L
“I was facing multiple charges of Domestic Battery”
I was facing multiple charges of Domestic Battery , had 3 warrants issued for my arrest and had these stupid charges weighing on me for 6 years, not wanting to face the music. I finally got picked up and with 6 small children at home, there was NO WAY I could afford to have jailtime. Joe listened and asked crucial questions and from the start he told me he would get it dismissed. I was skeptical to say the least. I paid him in 2 payments (he is super flexible) and then waited after the holidays for final court date. Completely dismissed. He will not give you false hope. He is honest, real and the ONLY person I want in my corner. HE IS WORTH EVERY PENNY! Don’t have someone else give you the runaround as most attorneys do. Save yourself the BS and GO WITH JOE !!!
– Christina S. | March 2019
“I could not be more pleasedand thankful.”
Please read this before you look for another lawyer!! First off, I want to say I am writing this review not because someone asked but because I am so beyond grateful and impressed to have had this group defending me in the court of law. I have never had such exceptional customer service and treated as if I were a high-end long time client. They made me feel like my case was just as important to them as the next. Their articulate steps were given to me in the very beginning to go over what was to be expected and what their goal was. Their rather diligent and speedy efforts to resolve my case couldn’t have been dealt with any better as my case could have gone south real quick. I trusted this group to take full control, let them do their work and they delivered with an outcome I was not expecting. I could not be more pleased and thankful as well as appreciated their flexibility with my payments (that was more than affordable for the hard work they did) as I was in a tight bind at the time. Thank you Joe, Rosemary and everyone else in between who have helped along the way! Your efforts were not unrecognized and I wish your group the best in the future to come! Lets just hope I don’t have to go through this again. If so I’m calling you back!!
– Mareena G. | January 2020
“He was able to dismiss my case and expunge this legal problem off my record.”
I came into some trouble with the law and being my first ever having to hire a lawyer was difficult. When a good friend of mine told me about Joe at Kostopoulos Law Group I had a good feeling about him. Around the time I came into some trouble with the law I was in the process of enlisting for the United States Marines. This court case was stopping me from going any further with my plans of enlisting. I brought the case to Joe and let him know my situation. He was able to dismiss my case and expunge this legal problem off my record. Joe cleared it all up for me and I had little to no worries. I HIGHLY recommended Joe from Kostopoulos Law Group. He will put your mind to ease and take care of your legal trouble. Joe is a very down to earth guy, respectful man, and super friendly. Thank you Joe for taking care of my case I really appreciate it.
– Jonathan G. | November 2019
“Gus, Joe and Rosemary helped in getting my case dismissed.”
Words cannot describe how grateful I am to Joe and Gus. It is very hard to find a dedicated sincere attorney like Joe. Even if anyone calls their number in the middle of the night, Joe will be there to answer and hear your case for sure. Just like that, few months ago, I got into a very unfortunate circumstance. My wife was worried sick didn’t know what to do, called the Kostopoulos Law firm in the middle of the night, since then, Joe is been supporting me till the case got completely dismissed. Gus, Joe and Rosemary helped in getting my case dismissed. Words are enough to express my gratitude and appreciation for their sincere dedication and hard work. They went above and beyond to make sure I understood what was happening and what needed to be done to get the case completely dismissed and expunged. To say my experience with the Kostopoulos Law group was pleasant would be the biggest understatement. I am forever thankful to them both. If you happen to find yourself if legal troubles I highly recommend the Kostopoulos Law Group.Thank you Gus, Joe and Rosemary!!
– Imran Q. | May 2019
Defenses to Domestic Violence Allegations
There are times when law enforcement may misinterpret a domestic situation or receive false accusations. If you have been charged with an act of domestic violence that you did not commit, you may be able to fight the charges in court. Common defenses to domestic violence include:
- Defending yourself or another person from personal injury or harm;
- Mutual fighting;
If you are defending yourself or another person from injury or harm you are permitted to use reasonable force. In asserting a claim of self-defense you are essentially admitting to the charges against you, but offering a legal justification for your actions.
Contact an Experienced Chicago Domestic Violence Attorney Today
If you or someone you love has been charged with domestic violence, contact an experienced Chicago domestic violence attorney immediately. If convicted, the charges will stay with you indefinitely and impact your ability to exercise certain privileges in the future.
We understand the complexities of the law and how the state pursues these serious charges. When you contact us, our skilled attorneys will review the details of your case, explain your legal rights, and develop a legal strategy to minimize the punishment you may face.
If you believe you have been falsely accused we will investigate to search for inconsistencies in your accuser’s story. We understand the stress and impact domestic violence charges can impose, and we are ready to help you contest them in court.
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Top-client-rated criminal defense law firm in Dupage County. Don’t settle for less when your liberty, family, and life are on the line.
Call Dupage County and Cook County criminal defense attorney Gus Kostopoulos today to discuss your case.
