My review and analysis of this case pursuant to developing new policies for the police department.| |
Identify, define, examine, and discuss the domestic violence laws in your state applicable to this situation between Sarah and her boyfriend. Compare and contrast property crimes and personal crimes and how domestic violence relates to both. Evaluate victim's rights as they related to domestic violence and social responsibility in your state. Analyze the criminal behavior of domestic violence and describe how criminal behavior is evaluated towards the formation of new policy for social order in the criminal justice system. Compare and contrast the history and the future of domestic violence law.|
Domestic violence is a crime. Any person who hits, chokes, kicks, threatens, harasses, or interferes with the personal liberty of another family or household member has broken Illinois Domestic Violence law. Under Illinois law family or household members are defined as; family members related by blood, people who are married or used to be married, people who share or used to share a home, apartment, or other common dwelling, people who have or allegedly have a child in common or blood relationship through a child in common, people who are dating or engaged or used to date: including same sex couples, and people with disabilities and their personal assistants. Typically, in a case involving a charge of Domestic Battery / Violence, the police will arrest the accused and take them to the police station lockup. After posting a bond, the accused is released but is not allowed to return to the home for at least 72 hours. Further, an order of protection is issued by the Criminal Court and a court date is assigned for the case. You can be sentenced to jail. A conviction becomes a permanent public record and can only be cleared by a Governor's pardon. Employers, credit agencies and landlords can view your criminal record. A conviction for Domestic Battery / Violence cannot be expunged or sealed. A conviction can affect your custody and visitation rights. The entry of an Order of Protection could affect access to your family, home and property. The sentence for Domestic Battery / Violence under Illinois law, Domestic Battery / Violence is a Class A misdemeanor which can carry a prison sentence for up to 1 year. A second conviction of Domestic Battery is a Class 4 felony which carries a prison sentence from 1 to 3 years. However, probation is available as an alternative to jail. In addition, if you have been convicted of a Domestic Battery within the past 5 years, you must serve at least 72 hours in jail. The key is to avoid a conviction and have your case dismissed.
Property and Personal crimes are alike because they are considered crimes on a person or persons. Property is owned by a person or persons which are also considered to be a personal crime and personal crimes are strictly crimes committed on the actual person or persons. Criminal offenses against property are categorized as theft, burglary, and robbery. These crimes are felonies in Illinois unless the value of the property taken is under $300. Similarly, whether a crime against property is charged as a misdemeanor or a felony depends on the value of the property taken or damaged. The statute prohibiting criminal damage to property, for example, proscribes knowingly or recklessly damaging another's property, setting a fire on another's property, injuring another's domestic animal, and setting a stink bomb or other offensive-smelling compound on another's property. If the damage to the property is no more than $300, these crimes are misdemeanors; if the damage equals more than $300, the crimes are felonies. Similarly, criminal defacement of property is knowingly damaging another's property with paint, an etching tool, a writing instrument, or a similar device; the severity of punishment depends on the level of...