Karina’s Law Goes into Effect on Mother’s Day in Illinois
On Mother’s Day this year, a new law to protect survivors of domestic violence went into effect. Karina’s Law was named after Karina Gonzalez, a mother killed during a domestic violence incident in Little Village. Karina’s son admits it is hard to face the reality that he will never see his mother again or hear her laugh. Yet if the new law saves even one person, he believes his mother will have changed lives.
Karina and her daughter were both allegedly shot and killed by Karina’s husband in 2023. Karina’s Law requires that firearms be removed from the home of an accused domestic abuser if the alleged victim is granted an order of protection by the court. The law states that guns must be removed from the home of an accused abuser within four days of when the order of protection is issued.
If you are facing charges of domestic violence, you must take these charges very seriously, as they can be punished harshly in the state of Illinois and can have many long-term consequences. It is important to speak to a knowledgeable Chicago, IL criminal defense lawyer as soon as possible to protect your rights and future.
What is the Crime of Domestic Violence in Illinois?
Domestic violence charges require that the alleged perpetrator and victim have one of the following relationships:
- Spouses and Ex-Spouses
- Children and Stepchildren
- Parents
- Individuals who previously shared a residence, have been engaged, dated, or have children in common
- Disabled individuals and their caretakers
Domestic violence, when it occurs within one of the relationships listed above, can include harassing another person by phone or text, interfering with another person’s job, stalking, hitting, shoving, kicking, forcing someone to have sex, making threats to another person, preventing a person from seeing his or her children, preventing a person from leaving, or forcing a child or another individual to watch any of these abusive acts.
What Are the Penalties for Domestic Violence?
If you are charged with domestic battery, you will face a Class A misdemeanor that could result in up to a year in jail, probation, and a maximum fine of $2,500. Domestic battery can be elevated to a Class 4 felony if the alleged perpetrator has a prior conviction for violating a protective order or any number of other violent felony offenses. A Class 4 felony conviction can result in between one and three years in prison and a maximum fine of $25,000.
If the accused has three prior convictions for domestic battery, the current charges are elevated to a Class 3 felony. If the accused has four or more prior convictions for domestic battery, the current charges are elevated to a Class 2 felony. An individual convicted of Aggravated Domestic Battery will be required to serve a mandatory jail term of not less than 60 consecutive days. If an incident of domestic violence occurs in front of a minor, the defendant must serve at least 300 hours of community service, ten days in jail, or both.
Contact a Cook County, IL Domestic Violence Attorney
Having a strong defense presented in your domestic violence case is essential, as a conviction can have serious, even permanent, consequences on your career, your personal life, and your civil liberties. Perhaps you acted in self-defense, or your accuser is not being truthful.
Your Chicago, IL domestic violence lawyer from Luisi Legal Group will know which defenses are viable for your case and may be able to have your charges reduced or dismissed. Attorney Luisi is in the Chicago criminal courts on a daily basis and has developed a solid reputation as a skilled litigator over the past 16 years.