Waukegan, IL Domestic Violence Defense Lawyer

Skilled Attorney Defending Clients Against Accusations of Domestic Violence in Waukegan, Illinois

When an argument between housemates or family members escalates, one party could end up being accused of domestic violence. In addition to the social stigma, accusations of abuse could lead to criminal charges. If you have been charged with a criminal offense involving violence within your family or household, a Waukegan, IL domestic violence defense lawyer can inform you of your rights and help you strategize around the prosecution's case.

At Law Office of Theodore S. Potkonjak, our lawyer has over 40 years of legal experience, and he has previously served as a judge and prosecutor. We can help you contest accusations involving assault and other violent crimes, seeking reduced or dismissed charges through skilled argument.

How Is Domestic Battery Prosecuted in Illinois?

Under state law, a person commits domestic battery if they intentionally cause bodily harm or make physical contact of an insulting or provoking nature with a family or household member. This includes spouses, former spouses, dating partners, parents, children, roommates, or others who share a home or close relationship.

Domestic battery is usually prosecuted as a Class A misdemeanor, punishable by up to one year in jail and fines reaching $2,500. However, the offense can be elevated to a Class 4 felony if the accused has a prior domestic battery conviction or a history of violating protective orders. A felony conviction can carry one to three years in prison and long-term consequences such as loss of firearm rights and difficulty obtaining employment or housing.

Unlike many other misdemeanor offenses, domestic battery convictions cannot be expunged or sealed. Once found guilty, the record remains permanent. Because of this, it is vital to take any allegation seriously and to seek immediate legal guidance before making statements or entering a plea.

Challenging Accusations of Domestic Battery

Domestic disputes can escalate quickly, and accusations are not always accurate. False or exaggerated claims sometimes arise during divorce or custody battles, or when emotions run high after an argument. A defense attorney can help uncover inconsistencies, cross-examine witnesses, and present evidence that challenges the prosecution's version of events.

Common defense strategies may include showing that the contact was accidental, that the alleged victim was the aggressor, or that there is insufficient evidence to prove guilt beyond a reasonable doubt. In some cases, self-defense or mutual combat may apply.

Even when physical contact occurred, the prosecution must still prove that it was both intentional and unlawful. A defense attorney can carefully review reports, body camera footage, and witness accounts to build a strong defense.

What Should I Do if a Protective Order Is Filed Against Me?

If a protective order (also called an order of protection) is filed against you, it is critical to comply fully with its terms, even if you believe the order is unfair or based on false claims. Violating a protective order is a separate criminal offense that can lead to arrest, fines, and jail time.

Do not attempt to contact the petitioner directly. Instead, gather any evidence that supports your side of the story, such as text messages, emails, or witness statements, and provide them to your attorney. Your lawyer can represent you at the hearing, where the court will decide whether to extend or dismiss the order. The experienced Waukegan criminal defense lawyer at Law Office of Theodore S. Potkonjak can help you understand your rights, protect your reputation, and pursue the best possible outcome in your case.

Contact a Waukegan, IL Domestic Violence Defense Attorney

At Law Office of Theodore S. Potkonjak, we have the skills and legal knowledge to help you navigate accusations of abuse in the household. To schedule a free consultation, contact our Waukegan domestic violence defense lawyer or call our offices at 847-263-1200. We defend clients in McHenry County, Lake County, Cook County, and DuPage County from our offices in Waukegan and Antioch.