We consider a piecewise-smooth 2-dimensional system \(\begin{aligned} \dot{\vec {x}}=\vec {f}(\vec {x})+\varepsilon \vec {g}(t,\vec {x},\varepsilon ) \end{aligned}\) where \(\varepsilon >0\) is a small parameter and \(\vec {f}\) is discontinuous along a curve \(\Omega ^0\) . We assume that \(\vec {0}\) is a critical point for any \(\varepsilon \ge 0\) , and that for \(\varepsilon =0\) the system admits a trajectory \(\vec {\gamma }(t)\) homoclinic to \(\vec {0}\) and crossing transversely \(\Omega ^0\) in \(\vec {\gamma }(0)\) . In a previous paper, we have shown that, also in an n-dimensional setting, the classical Melnikov condition is enough to guarantee the persistence of the homoclinic orbit to perturbations, but more recently we have found an open condition, a geometric obstruction which is not possible in the smooth case, which prevents chaos for 2-dimensional systems when \(\vec {g}\) is periodic in t. In this paper, we show that when this obstruction is removed we have chaos as in the smooth case. The proofs involve a new construction of the set from which the chaotic pattern originates. The results are illustrated by examples.