Defending against domestic violence charges

In the past, the authorities did not take domestic violence seriously. In many cases, police would not even arrest an abuser unless officers witnessed the abuse with their own eyes. But, since most acts of domestic violence take place behind doors, with only abuser and victim present, this policy effectively meant police would never act against domestic violence unless it lead to death or injury so severe it was impossible to ignore.

In recent decades, this began to change. Illinois and other states began to recognize that domestic violence presents a serious threat to public safety. Furthermore, they accepted the premise that violence in a domestic situation tends to escalate.

Under the I

Illinois Domestic Violence Act of 1986 and other laws, the authorities took an approach toward domestic violence that was based on intervention. Police don’t just wait for something terrible to happen; they act to separate the abuser from the victim. Courts get involved too, issuing orders of protection that keep the accused abuser away from the other person. Accused people who violate these orders can face serious consequences.

Many activists say these measures have saved many lives. But the interventionist approach can be unfair to the accused. Many people who have been accused of domestic violence feel they have been presumed guilty. Some who have been subject to a protective order feel they have been punished without a trial.