Accused of home invasion in your own home?

On Behalf of The Law Office of Jessica Koester, LLC

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Mar 27, 2025

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News

Homeownership doesn’t always shield you from legal troubles. Surprisingly, you can face home invasion charges on a property you own or co-own. This complex issue often arises during domestic disputes or when relationships sour. You need to understand the nuances of home invasion laws as well as your rights as a property owner. Illinois law has specific provisions that address these situations.

Can your spouse accuse you of home invasion during a domestic dispute?

In Illinois, home invasion is a serious offense. Even if you own the property, you could face charges if you:

• Enter the dwelling without permission
• Knowingly go inside when someone else is present
• Use or threaten force against an occupant

During domestic disputes, these elements can come into play. If you are not living with your spouse and enter the shared home against their wishes, you might be at risk of home invasion charges. The key factor is often whether you had permission to enter at that specific time.

How does owning the property affect home invasion charges?

Having ownership over the property can complicate home invasion cases. Factors that may influence charges include:

Factors that may influence charges include:

• Legal status of the property (sole ownership, joint ownership, lease agreements)
• Court orders related to occupancy (restraining orders, eviction notices)
• Intent and circumstances of entry

While ownership gives you certain rights, it doesn’t override other legal considerations. For example, if there’s a valid restraining order against you, entering the property could still lead to charges regardless of your ownership status.

What should you do if accused of home invasion in your own home?

If you find yourself accused of a home invasion on a property you own or co-own, you need to get to the bottom of the issue. The complexities of property rights, domestic relations law and criminal statutes make these cases challenging. An attorney with experience in criminal defense can inform you of your rights and options. They can review the specifics of your case, explain how Illinois law applies to your situation and help you build a strong defense strategy. Remember, your case is unique and the outcome often depends on the details and how they’re presented in court.