Comprehensive Guide to Illinois Interfering with the Reporting of Domestic Violence – 720 ILCS 5/12-3.5

In Illinois, interfering with the reporting of domestic violence is rarely charged alone because you will also be charged with the offense that the victim was trying to call 911 about in the first place. Here is a comprehensive guide about Illinois’ Interfering with the reporting of domestic violence – 720 ILCS 5/12-3.5.

What Is interfering with the reporting of domestic violence?

Hanging up, smashing the phone, or cutting the phone line are all examples of interfering with a reporting of domestic violence. You can find the actual language of the statute at 720 ILCS 5/12-3.5(a). It states that “a person commits interfering with the reporting of domestic violence when, after having committed an act of domestic violence, he or she knowingly prevents or attempts to prevent the victim of or a witness to the act of domestic violence from calling a 9-1-1 emergency telephone system, obtaining medical assistance, or making a report to any law enforcement official.”

If my girlfriend/wife does not want to proceed with the case, then the State will have to dismiss the case, right?

Wrong! Criminal cases are not civil lawsuits. In civil cases, the person suing you can always dismiss the case against you. However, in criminal cases, it is “The People of the State of Illinois” v “Defendant” and not “Victim” v “Defendant.” The representative of “the People” is the prosecutor not the victim. Therefore, the State can still go forward with charges even if the victim does not want to proceed.

Additionally, if the sheriff serves the victim, and the victim fails to appear or refuses to testify, the State can obtain an arrest warrant for the victim and file a Criminal Contempt case against the victim. How bad can it get if the jury finds a witness guilty of criminal contempt? There’s one case out of Kankakee where a judge sentenced a witness to 20 years in the Illinois Department of Corrections for refusing to testify (later reduced on appeal to 10 years IDOC). See People v. Geiger, 2012 IL 113181.

What is meant in the statute by “domestic violence”?

Domestic Violence “means physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation.” 725 ILCS 5/112A-3(b)(1)-(2). Let’s define each of those terms in turn.

“Physical abuse” includes sexual abuse and means any of the following: (i) knowing or reckless use of physical force, confinement or restraint; (ii) knowing, repeated and unnecessary sleep deprivation; or (iii) knowing or reckless conduct which creates an immediate risk of physical harm. 725 ILCS 5/112A-3(b)(9).

“Harassment” means (1) knowing conduct which is not necessary to accomplish a purpose which is reasonable under the circumstances; (2) would cause a reasonable person emotional distress; and (3) does cause emotional distress to the petitioner. 725 ILCS 5/112A-3(b)(4).

If you engage in any of the following conduct, then the law presumes that you caused emotional distress:

1. Creating a disturbance at a person’s job or school;
2. Repeatedly telephoning job, home, or residence;
3. Repeatedly following a person about in a public place or places;
4. Repeatedly keeping a person under surveillance by remaining present outside his or her home, school, job, car, or other place occupied by a person or by peering in the person’s windows;
5. Improperly concealing a minor child from a parent, repeatedly threatening to improperly remove a minor child of a parent’s physical care or from the jurisdiction where that parent lives, repeatedly threatening to conceal a minor child from a parent, or making a single such threat following an actual or attempted improper removal or concealment, unless respondent was fleeing from an incident or pattern of domestic violence; or
6. Threatening physical force, confinement or restraint on one or more occasions.

“Interference with personal liberty” means committing or threatening physical abuse, harassment, intimidation or willful deprivation so as to compel another to engage in conduct from which she or he has a right to abstain or to refrain from conduct in which she or he has a right to engage. 725 ILCS 5/112A-3(b)(5).

“Intimidation of a dependent” means subjecting a person who is dependent because of age, health, or disability to participation in or the witnessing of: physical force against another or physical confinement or restraint of another which constitutes physical abuse, regardless of whether the abused person is a family or household member. 725 ILCS 5/112A-3(b)(6).

“Willful deprivation” means wilfully denying a person who because of age, health or disability requires medication, medical care, shelter, accessible shelter or services, food, therapeutic device, or other physical assistance, and thereby exposing that person to the risk of physical, mental or emotional harm, except with regard to medical care and treatment when such dependent person has expressed the intent to forgo such medical care or treatment. 725 ILCS 5/112A-3(b)(10).

Is interfering with the reporting of domestic violence a misdemeanor or a felony?

Interfering with the reporting of domestic violence is a class A Misdemeanor. 720 ILCS 5/12-3.5(c). Misdemeanors are crimes that are punishable by less than 1 year of imprisonment.

Do I need a lawyer if I am charged with interfering with the reporting of domestic violence?

Yes, because a lawyer should represent you on any offense that can result in the loss of your freedom. Specifically, the Sixth Amendment to the United States Constitution gives you the right to a lawyer, and the Supreme Court case of Gideon v Wainwright, 372 U.S. 335 (1963) provides state appointed lawyers (public defenders) for indigent people. 

Can I go to jail? What is the Sentencing Range for interfering with the reporting of domestic violence in Illinois?

Interfering with the reporting of domestic violence is a class A misdemeanor, so it is punishable by up to a year in the county jail. 720 ILCS 5/12-3.5(c).

Can I get Probation on an interfering with the reporting of domestic violence case?

Yes, you are eligible for a sentence of probation of up to 24 months. 730 ILCS 5/5-4.5-55(d). Not only are you eligible for probation, but Illinois law suggests it:
“the court shall impose a sentence of probation or conditional discharge upon an offender unless, having regard to the nature and circumstance of the offense, and to the history, character and condition of the offender, the court is of the opinion that: his imprisonment or periodic imprisonment is necessary for the protection of the public; or probation or conditional discharge would deprecate the seriousness of the offender’s conduct and would be inconsistent with the ends of justice.” 730 ILCS 5/5-6-1(a).

Can I get Court Supervision on an interfering with the reporting of domestic violence case?

Yes, a Court could sentence you to supervision for interfering with the reporting of domestic violence. 730 ILCS 5/5-6-1(c). Specifically, “if the defendant is not barred from receiving an order for supervision, the court may enter an order for supervision after considering the circumstances of the offense, and the history, character and condition of the offender, if the court is of the opinion that:
(1) the offender is not likely to commit further crimes;
(2) the defendant and the public would be best served if the defendant were not to receive a criminal record; and
(3) in the best interests of justice an order of supervision is more appropriate than a sentence otherwise permitted.

What Is the Extended Sentencing Range for interfering with the reporting of domestic violence?

There are no extended sentencing ranges for misdemeanors.

What percentage of your sentence do you serve for interfering with the reporting of domestic violence?

Interfering with the reporting of domestic violence is a 50% sentence. Illinois’ “County Jail Good Behavior Allowance” Act states that: “The prisoner shall receive one day of good behavior allowance for each day of service of sentence in the county jail, and one day of good behavior allowance for each day of incarceration in the county jail before sentencing for the offense that he or she is currently serving sentence but was unable to post bail before sentencing. Each day of good behavior allowance shall reduce by one day the prisoner’s period of incarceration set by the court.” 730 ILCS 130/3.

How long Is the Mandatory Supervised Release or Parole Period?

Interfering with a reporting of domestic violence is a misdemeanor, so you cannot be sentenced to the Illinois Department of Corrections. And since, Mandatory Supervised Release or Parole only applies to people coming out of the Department of Corrections, there is no mandatory supervised release for misdemeanors.

How to keep an Interfering with the reporting of domestic violence case off your record?

There are several ways to keep a conviction off your criminal record. Here are some of the ways:

How to Win an interfering with the reporting of domestic violence case at Trial?

“I didn’t commit an act of domestic violence” defense. Arguments between a husband/wife or boyfriend/girlfriend happen because of the intimate nature of that relationship. But some partners call the police as a way to manipulate their significant others. If she is calling the police to end an argument or to report that you are a drug dealer, then hanging up the phone is not a crime.

“I didn’t know she was calling the police” defense. The crime here is that you knowingly prevented her from calling the police, and not just that you hung up the phone. If she told you that she was calling her sister or mother, and you hung up the phone because you did not want her to gossip about you, you technically did not commit this crime. Therefore, this defense could work if there was no evidence that you knew that she was calling the police.

How to Win an interfering with the reporting of domestic violence at Motion?

Leaving a phone line open so that 911 can hear what is going on is a good idea to keep you safe. This, however, may go against Illinois’ Eavesdropping Act. If the biggest piece of evidence against you is an audio-recording, then you should know that Illinois is a two-party consent state. Indeed, someone cannot plant an audio recording device near you without your consent. Consequently, a motion to suppress illegally obtained evidence may be the route to take in that type of case. Although there are exceptions to that rule, Attorney Clyde Guilamo has extensive experience regarding the Illinois Eavesdropping Act.

How Can Domestic Violence Court Keep a Conviction Off Your Record?

Since this offense is a form of domestic violence, the offense is eligible for Domestic Violence Court. Instead of incarceration, the goal of D.V. court is to rehabilitate families through treatment. Undeniably, the need to keep fathers and mothers in the home and contributing members to society is great. Furthermore, a conviction does not only burden the defendant, but ultimately burdens the victim and/or children. Significantly, a successful completion of Domestic Violence Court in many cases results in a dismissal of your case. To summarize, no criminal conviction at the end of the program is possible.

How to Avoid an Interfering with the reporting of domestic violence Conviction through probation under the Substance Use Disorder Act (Previously TASC Probation – 20 ILCS 301/40-10)?

Under the Substance Use Disorder Act, the judge can sentence you to treatment as a condition of probation. Although a conviction initially enters against you, the good news is that “upon successful fulfillment of the terms and conditions of probation the court shall discharge the person from probation. If the person has not previously been convicted of any felony offense and has not previously been granted a vacation of judgment under this Section, upon motion, the court shall vacate the judgment of conviction and dismiss the criminal proceedings against him or her.” 20 ILCS 301/40-10(e).

How to Keep an Interfering with the reporting of domestic violence Conviction off your Record by Diversion or Deferred Prosecution Programs?

Many counties have diversion or deferred prosecution programs which are alternatives to the criminal justice system. Specifically, you and the prosecutor enter into an agreement that if you comply with the terms of the program (which usually include treatment, classes, and/or community service) the prosecutor will dismiss the case. If the prosecutor is offering a diversion program, then accepting and complying with the program is almost always the best possible result.

How to Keep a Conviction off your Record through a Plea Agreement (Reduction on the Charge)?

Occasionally, prosecutors sometimes move cases by giving defendants “a bargain.” For example, a reduction to supervision on a disorderly conduct or assault are very good dispositions.

Other Domestic Violence Guides

If you are looking for information about:

• Domestic Battery cases, then check out our guide to Domestic Battery cases in Illinois.
• Aggravated Domestic Battery cases, then check out our guide to Aggravated Domestic Battery cases in Illinois.
• A Violation of an Order of Protection, then check out our guide to Violations of an Order of Protection cases in Illinois.

Hire Illinois Domestic Violence Lawyer Clyde Guilamo

Lastly, I hope this guide of free legal education was helpful. #notlegaladvice. If you found this article helpful, then consider giving us a review on Google! And if you have specific questions about your case, give me a call.