If I Was Arrested for Domestic Battery Can I See My Kids? | Illinois

 Posted on October 31, 2024 in Domestic Battery

If you are facing domestic battery charges in the state of Illinois, you may rightfully fear being unable to see your children or have your regular parenting time. Domestic battery occurs when a person knowingly makes physical contact with or causes bodily harm to a member of his or her household. Domestic battery is a criminal offense and can be charged even when there are no actual injuries. Even physical contact that is of a provoking or insulting nature can be charged as domestic battery.   

Domestic battery can result in extremely serious penalties, including time in jail. A prior conviction for domestic battery can escalate the charges, even resulting in prison time and steep fines. Additionally, a conviction for domestic battery can impact employment opportunities and potentially even restrict your rights to see your children.

If you are facing domestic battery charges and are concerned about your ability to continue seeing your children, it can be helpful to speak to a Buffalo Grove, IL criminal defense attorney from The Law Offices of Matthew R. Gebhardt, P.C.. While family courts will always make decisions based on the best interests of the child, your criminal defense attorney can help you navigate not only your criminal charges but also the parenting time issues that can arise from domestic battery charges.  

Defense Strategies for Domestic Battery Charges

The defense strategy employed on your behalf will depend on the facts and circumstances surrounding your charges. The evidence may be insufficient to support the allegations against you, or there may have been police errors during your arrest. The credibility of the alleged victim may come into question, or the incident could have been an accident. If your attorney can show that you had no intent to cause harm, or that you acted in self-defense after extreme provocation, these could also be effective defense strategies.   

What if You Are Being Falsely Accused of Domestic Battery?

If you are facing false accusations of domestic battery, it is important that you allow your attorney to present a strategic response. Confronting the accuser could make your situation worse. All evidence that corroborates your version of events will be collected and used to build your defense. This evidence could include witness statements, emails, text messages, and audio phone messages from your accuser.  

What Happens to My Custody if I Am Convicted of Domestic Battery?

If your charges for domestic battery end up in a conviction, but you are not sentenced to jail or prison time, the implications regarding seeing your children may not be positive. A conviction could lead a family court to restrict your parenting time, even including removing parenting time altogether.  The court could also allow supervised visitation as a means of preserving the parent-child relationship.

It is important that you also have a family law attorney who can work to demonstrate that you are a good parent despite your current charges of domestic battery, asking the court to allow you to continue to be involved in your child’s life.  If your conviction includes jail or prison time, it would be extremely rare that a family court judge would require the child’s other parent to bring the child to jail or prison to visit you.

Contact a Lake County, IL Domestic Battery Lawyer

If you are facing criminal charges, it is extremely important that you speak to a knowledgeable Deerfield, IL domestic battery lawyer. Your criminal defense lawyer from The Law Offices of Matthew R. Gebhardt, P.C. will not only protect your rights throughout your criminal case but will also help you navigate considerations of child custody and parenting time as they relate to your criminal charges. Attorney Matthew R. Gebhardt has worked for the Cook County State’s Attorney’s Office as a prosecutor and has broad experience in all facets of Illinois criminal law. Call 847-239-4703 to schedule your free consultation.