On Tuesday, November 2nd, MCCA will hold a free homebuyer’s seminar for first time homebuyers and anyone interested in how the homebuying process works. Enjoy a light supper as you learn how to:

• understand your mortgage
• build a team of homebuying professionals
• avoid predatory lending practices
• reduce your mortgage payments using government grants, and
• save thousands of dollars before closing on your home

Experts will be on hand to answer your questions about choosing a home, choosing a realtor, home inspections, and many other topics.

Date: Tuesday, November 2nd
Time:6:00pm – 8:00pm
Place: Bloomington Public Library Community Room, 205 E Olive St, Bloomington
Cost: Free

For more information, call Kathy Shubert (309) 834 9245 or KathyS@MCCAinc.org

Recently, a story aired on MSN’s Today Show, providing visual proof of the difference between a home built to code in Bloomington, IL, and the same home built to the Institute for Business & Home Safety’s fortified standards.  In their 6-storey test chamber, IBHS built the two identical 3-bedroom houses, modeled after homes built in the Trailside Subdivision. In the test lab, IBHS recreated tornado conditions with 100mph winds – watch what happened to the two houses:

(video courtesy of MSNBC0

Especially during the month of October we are reminded of the necessity to continue our agency mission to “promote safe and stable families, neighborhoods, and communities”.

Domestic violence is one of the most pervasive problems in our society, both from a public safety and public health perspective.  It is not a private issue—it is a crime.

Excerpt from a Resolution passed at the August 17, 2010 McLean County Board meeting: “The McLean County Board urges all County residents to take a moment to talk to their children about healthy relationships, to remind those in abusive relationships that they are not alone and that help is available, and to encourage the development of domestic violence policies in the workplace”.  As Advocates we commit to being the help those in abusive relationships need and deserve to replace their fear with safety.  We invite families, schools, churches, and businesses to partner with us to have open dialogues throughout the year about the importance of equality and respect in relationships. 

On October 1, 2010 the Illinois Coalition Against Domestic Violence published “From the Front Lines:  Survivor and Provider Perspectives on Illinois Domestic Violence Assistance Gaps and Action Initiatives”.   Our winter issue of the Observer will offer insights from the 900 Survivors in Illinois who participated in this assessment process. 

In closing, we celebrate with Survivors as they triumph over tragedy.  We honor the memory of those who died and now serve as Silent Witnesses for peace and justice.

In memory of Duncan and Jack Leichtenberg, and in honor of Duncan’s 11th birthday, we invite you to support Mid Central Community Action’s Countering Domestic Violence program as we run, walk, roll or ride the one-mile trail through beautiful Tipton Park, Bloomington. And we don’t want our four-legged friends to miss out – what a great excuse to give your dog a workout too!

You can choose to participate in a 5K run or a 1 mile family walk, and in honor of Duncan’s 11th birthday, kids 11 and under can participate for free.

See our events page for more details, and to register.  See you on the Trail!

Don’t miss the “Invitation 4 Communication”, a VIP activity for girls 11-14 and their mothers or special role models. The workshop will focus on embracing the challenges and joys of tween/teen years, ahd strengthening mother/daughter relationships. Participants will leave with a groundwork for healthy, respectful relationships and boundaries, and an appreciation for the unique, special person they are. Forty-five minute workshops will be held at 1pm and 2pm in the North Suite on the Upper Level. Registration for the workshop entitles the young lady to free admission to the Expo (a $5 saving). Pre-registration is required  – simply call Deborah at (309) 828 8913 – and the deadline to register is September 23rd!

If you’re thinking of buying a home or refinancing your mortgage, and are confused by mixed messages about the current housing market, our “Home Ownership – Good Decisions in an Unstable Housing Market” is just the workshop for you! There are three sessions to choose from: 1pm, 2pm and 3pm, and no pre-registration is required. This workshop will cover credit repair and credit counseling; do’s and don’ts when choosing a home, a realtor and a lender; and financial assistance programs for women looking to purchase a home, as well as information on avoiding predatory lending and foreclosure.

See you at the expo!

Countering Domestic Violence advocates are facilitating monthly workshops for survivors of domestic violence on the 2^nd Tuesday of each month from 6:00pm-7:30pm.  (A light dinner is provided at 6pm).  The focus of the workshops is “expressions for hope, healing, and health”.   The September 14^th topic is “healing through creative writing”.   Workshops are offered for adults; youth ages 10-14; children ages 5-9.  

For more information or to register, please call our 24-hour hotline at (309) 827-7070.  The location is provided upon confirmed registration.  Registration deadline for the September  workshop is 3pm Monday, September 13^th. 

CDV Advocates invite you to write your own story instead of being a character in someone else’s life.  These workshops are designed to embrace your journey to reclaim power and passion.  YOU MATTER!!

You can take a look at the latest issue of our Senior Newsletter by clicking here (.pdf file)

Enjoy reading, and if you’d like to be put on the mailing list for the senior newsletter, you can do so by sending an email to rosalieh@mccainc.org

According to a report by the Illinois Association of REALTORS^®  (IAR), total home sales (single-family and condominiums) comparing July 2010 to July 2009 in McLean County reported a 4.3 percent gain in the median home price, with homes selling in July 2010 for an average of $169,500. This is a good indicator of local growth, when statewide total home sales in July 2010 were down 29.7 percent. 

Mike Onorato, GRI, president of the Illinois Association of REALTORS® and broker-owner of Onorato Real Estate in Coal City says “The underlying issue for stability in the housing market remains a healthy job market. We need some significant boosts in economic development, employment and consumer confidence to reduce foreclosures and create some equilibrium between supply and demand for housing. Slower sales and rising inventories will force more downward pressure on prices.”

The unemployment rate nationally was unchanged in July at 9.5 percent; the Illinois unemployment rate lowered -0.1 point to 10.3 percent in July from the previous month.

Roxanne Huxford of Keller Williams Realty in Bloomington reports that, in a fairly steady local market, the number of new construction sales is down by about 1 percent, and the average price is up by almost 1 percent on the same time period last year. The same statistics hold true for resale homes.

Huxford also reports that interest rates are at a historic low rate.  Right now, rates are approximately:

30 year fixed              4.25%
15 year fixed              3.87%

If you are a first time homebuyer, now is a great time to buy, Roxanne says.  “You can get more house for your money because interest rates are low and you have more purchasing power. Sellers are competing with many other homes so they are more receptive to offers from buyers.

If you have been in your home for a while, it is a great time to move up or down size.  Your home has increased in value and you can take advantage of financing at a low interest rate.

Plus for every buyer there is a tremendous inventory of homes to choose from.  Sellers have repaired, upgraded, improved and staged their homes, and they are ready to sell!”

And don’t forget, if you are a first time home buyer, you may qualify for downpayment or closing costs assistance through Mid Central Community Action.

If you had to guess, what would you say is the most common criminal offense in the state of Illinois?

Most people would say theft, or maybe burglary, but they are mistaken.

The most common criminal offense in Illinois is domestic battery. And it’s not even close.

Domestic battery is charged so frequently that nearly every courthouse in the state has a courtroom set aside exclusively for domestic violence cases.

In Chicago, the Circuit Court of Cook County has a building dedicated to domestic violence cases, 555 W. Harrison. Most collar counties, Lake, Will, and DuPage, for example, also have a courtroom which hears domestic violence cases exclusively.

The reason for the special assignment of courtrooms has as much to do with high caseloads as it does with security. Emotions run high in domestic violence courtrooms, and courtroom personnel have to take special measures to ensure safety.

Illinois Domestic Battery Law

Domestic battery is a Class A misdemeanor charge under Illinois law. The possible sentence for any Class A misdemeanor in Illinois is up to one year in jail and a fine of $2,500.

The statute provides the following:

Sec. 12-3.2. Domestic Battery.
(a) A person commits domestic battery if he intentionally or knowingly without legal justification by any means:
(1) Causes bodily harm to any family or household member as defined in subsection (3) of Section 112A-3 of the Code of Criminal Procedure of 1963, as amended;
(2) Makes physical contact of an insulting or provoking nature with any family or household member as defined in subsection (3) of Section 112A-3 of the Code of Criminal Procedure of 1963, as amended.

For background, Illinois law makes a distinction between assault and battery. A battery takes place where a person makes physical contact with another in any way that is unwanted. In almost every case, punching someone is a battery. However, a battery can occur with any physical contact, such as throwing a bucket of foul water on someone.

Meanwhile, an assault takes place where a person causes another to believe he or she is about to be the victim of a battery (for example, holding one’s fist out and threatening to punch somebody).

Domestic Relationship

Basically, the prosecution needs to prove two things in a domestic violence case: first, a battery, and second, a domestic relationship.

Anyone who is a family or household member falls into the category of a domestic relationship.

The law says:

“Family or household members” include spouses, former spouses, parents, children, stepchildren and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly have a child in common, persons who share or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, persons with disabilities and their personal assistants, and caregivers as defined in paragraph (3) of subsection (b) of Section 12-21 of the Criminal Code of 1961. See 750 ILCS 60/103(6).

As you can see, almost anyone with a connection is considered a family or household member.

Brother of an ex-girlfriend you dated 20 years ago? Still a domestic relationship.

Fraternity brother in the same frat house? Domestic relationship because you share a dwelling.

The fact that the complaining witness is a family or household member triggers special penalties for domestic battery.

Mandatory Minimum Sentence

Domestic battery is an offense with a mandatory minimum sentence. A mandatory minimum means the court cannot deviate from the sentence prescribed by the legislature.

For domestic battery, the minimum sentence is conviction. A conviction cannot be expunged or sealed. Ever.

In almost all other misdemeanor cases, a first offender is eligible for a special sentence of supervision. Court supervision is a period of probation in which the court “supervises” the defendant and, provided he complies with the rules of probation, the charge is dismissed. In this way, supervision is like a deferred prosecution or continuance.

Because supervision does not end in a conviction, the record can be expunged.

Domestic battery, which results in a conviction, can never be expunged or sealed. It is a permanent criminal record.

Defenses to a Charge of Domestic Battery

Self-defense is available to a person who is accused of domestic battery. The law in the state of Illinois makes no distinction between a man or woman using self-defense. That is, a man can use self-defense, even if violent, against a woman, and vice-versa.

The critical issue in the case is that the force used to defend one’s self must be reasonable.

There are no hard and fast rules for what is and what is not reasonable. The rule is, it depends. It is for the jury to decide if a person reacted properly to the situation.

For example, slapping a person who is slapping you is arguably proper self-defense. Punching and kicking may not be reasonable if the person did not already do the same.

One interesting fact is that the law in Illinois does not say you have to wait for another to strike first. There is no duty of retreat in Illinois and you can strike first if you are not the aggressor.

Parent-Child Discipline

Parents can be charged with domestic battery for corporal punishment. Nonetheless, the law recognizes another defense to domestic battery in the context of a parent-child relationship.

If the parent uses corporal punishment as a reasonable discipline, then they can be acquitted of domestic battery. Again, the law provides no clear cut lines defining what is reasonable.

No law in Illinois says a parent cannot use a belt on a child.

A parent can slap his or her child, and it is not against the law provided it is reasonable.

Enhanced Penalties

Domestic battery differs from battery in another important respect. A second offense of domestic battery is a Class 4 felony offense with a penalty of 1-3 years in prison (Illinois Department of Corrections). If the defendant has a prior conviction for violating an order of protection with respect to the victim, then a first domestic battery offense is also a Class 4 felony.

If the victim suffers great bodily harm, then the offense is a Class 2 felony punishable by 3-7 years imprisonment. Even where the defendant gets probation, the mandatory minimum sentence for great bodily harm in domestic battery is 60 days jail.

Choking or Strangulation

In 2010, state lawmakers made a new offense of aggravated domestic battery involving choking or strangulation. Even if it is a first offense, a domestic battery involving choking is a Class 2 felony, which has a sentencing range of 3-7 years incarceration.

The significance of this development is that probably 35-50 percent of cases involving domestic battery have some instance where the offender placed his hands around the woman’s neck. It remains to be seen how these cases will play out.

Witness Who Does Not Appear

Often a person charged with domestic battery will talk to the alleged victim during the case in an attempt to persuade her (or him) not to show up in court. It is believed that this assures the charge will be dismissed.

Other times, the defendant will ask the complaining witness to ask the State’s Attorney to drop the charges.

If only it were that easy.

The reality is that once the police have been called, it is out of the victim’s hands. The State’s Attorney’s has the authority whether to proceed with prosecution or drop the charges.

The State’s Attorney most likely will proceed with prosecution against the desires of the victim.

The State typically prosecutes every domestic battery case to the fullest extent. The rationale is that they know the victim usually goes back to the offender and continues in the abusive relationship, and they want to be on record as fighting the vicious cycle of domestic violence.

Firearms Possession

A conviction for the offense of domestic battery will cause the Illinois State Police to revoke that person’s Firearm Owner’s Identification Card (FOID). Further, federal law also forbids a person with a conviction for domestic battery from legally owning or possession any firearms.

A charge for domestic battery can threaten your ability to work in security, law enforcement, and the military.

Preventing a 911 Call

Frequently a domestic case will have a charge for interfering with the reporting of domestic violence. Where the offender takes away the woman’s cell phone, this may constitute a separate crime.

Interfering with the reporting of domestic violence is a Class A misdemeanor (up to one year in jail).

Anyone who has been charged with domestic battery should consult with a lawyer immediately.

(This blog post originally appeared on ChicagoNow, and is reprinted here with permission from the author.)