Family Fights and Domestic Violence Charges

 Posted on January 07, 2025 in Domestic Violence & Orders of Protection

When you hear the term "domestic violence," you probably think of intimate partner violence. Domestic violence is commonly used to mean violence between two people who are in a romantic relationship. However, under Illinois criminal law, domestic violence can refer to violence between any two people who have a domestic relationship of any kind. This includes people who have a family relationship, such as parents and children, siblings, or cousins. It also includes people you are related to by marriage - your in-laws. Most families experience conflict sometimes. Occasionally, family conflict can reach a boiling point and turn physical. This is especially common during the holidays when family members who are normally able to avoid each other are brought together. If you were arrested for domestic violence after fighting with a family member, you need an experienced Arlington Heights, IL criminal defense lawyer.

Who Can Be the Victim in a Domestic Violence Case? 

You might be charged with domestic violence rather than simple assault if the alleged victim was: 

• Your current or former romantic partner. 
• Your parent, child, sibling, or family member. 
• Someone you live with or used to live with. 
• Related to you by marriage, including your in-laws and former in-laws if you are divorced. 

Possible Defense Strategies in Family Violence Cases 

A few possible defense strategies your attorney may use include: 

• The mutual combat defense - In Illinois, two consenting adults may agree to fight each other. Family members may be more likely than strangers to willingly enter into a fight, especially if the two parties grew up together and have fought willingly in the past. If the violence between you and your relative was mutual, you may have this defense. 
• Plea bargaining - In domestic violence cases where the parties have a family relationship rather than a romantic one, courts are often more willing to consider reducing the charges to simple assault. While inter-family violence is still legally considered domestic violence, it is not always considered as serious as intimate partner violence. Domestic violence cases are rarely dropped, even when the victim requests it. 
• Self-defense claims - The right person does not always get arrested in domestic violence cases. The police typically arrive once the violence has been stopped and must try to guess who the primary aggressor was. If you reasonably believed that your family member was about to assault you, you may have a self-defense claim. It may be relevant if the family member you are accused of assaulting has a history of behaving violently towards you. 

Contact an Arlington, IL Domestic Violence Attorney

Scott F. Anderson, Attorney at Law is committed to helping people who have been arrested for domestic violence after a family conflict. Experienced DuPage County, IL domestic violence lawyer Scott Anderson will do all he can to have your charges reduced or dismissed. Contact us at 847-253-3400 for a complimentary consultation.