Defending Charges of Domestic Violence Against Parents

 Posted on January 22, 2018 in Criminal Law

The average lifespan lengthened tremendously over the last few decades with the assistance of medical advancements. However, with age also comes the general “wearing down” of the body, resulting in illness and disabilities. Only one in four adults over the age of 60 currently live on their own successfully, according to the U.S. Census Bureau.

These statistics leave our nation’s aging population in the care of someone else. Many families have no choice but to accept their aging parents into their homes, regardless of relationship or financial status. Unfortunately, parents are reluctant to relinquish their title as “head of the household” to their adult children. Children, in return, struggle to cope with the change in family dynamics, often resulting in rising tensions and occasionally a domestic violence charge.

Defining Domestic Violence

Domestic violence is often associated with violence between two spouses, but it is not always the case. The charge covers a wide variety of close relationships including children and stepchildren, former and current spouses, partners, roommates, those within a dating relationship, caregivers, and blood-related family members. Additionally, the parent-child relationship need not be physically abusive to qualify for such accusations.

Domestic violence includes:

• Harassment and aggressive pressuring;
• Forcing someone to witness abuse (Intimidation);
• Making someone do something they do not want to do (Interference with Personal Liberty);
• Denying access to reasonable care (Neglect); and
• Physical abuse.

Order of Protection Explained

An Order of Protection is an official court order available only to family and household members. It is probable that if you face charges of domestic violence against your parent, you have an Order of Protection against you. The document puts restrictions on much of your communication, depending on the specifications given by the judge. If any of these restrictions are violated, the first violation is considered a Class A misdemeanor with penalties of up to 364 days in jail and a $25.00 fine. Additionally, failure to adhere to these restrictions may damage your defense options.

Protect Yourself First

Your current situation is likely delicate and complicated. High emotions only add fuel to the proverbial flames. Usually, rationale diminishes as tensions rise, especially with family disputes, sometimes escalating to additional charges. It is in your best interest to contact a DuPage County, IL domestic violence defense attorney today to protect your rights in this case. At Davi Law Group, LLC, we strive to provide you with quality and reliable representation at an affordable price. Contact us today at 630-580-6373 to get started.

Sources:

https://www.illinois.gov/aging/ProtectionAdvocacy/Documents/ea_lawenforcement.pdf

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2100&ChapterID=59&SeqEnd=500000&SeqStart=100000

http://www.isp.state.il.us/crime/domesticviol.cfm

http://www.illinoisattorneygeneral.gov/women/victims.html