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Illinois Domestic Battery Charges: What You Need to Know

Facing domestic battery charges in Illinois is a serious matter that requires immediate legal action.

Domestic battery is a serious criminal offense in Illinois that can have long-term legal and personal consequences. A conviction can lead to jail time, fines, and a permanent criminal record, affecting employment, housing, and personal relationships. If you or a loved one is facing domestic battery charges, it is crucial to understand Illinois law, possible defenses, and what to expect in court.

📞 If you or a loved one has been charged domestic battery, contact Schierer & Ritchie, LLC today for a confidential case evaluation.

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What Is Domestic Battery in Illinois?

Under Illinois law, domestic battery occurs when a person knowingly:

  • Causes bodily harm to a family or household member.
  • Makes physical contact of an insulting or provoking nature with a family or household member.

The law defines family or household members as:

  • Spouses or ex-spouses.
  • Parents, children, stepchildren, and other relatives.
  • People who live together or previously lived together.
  • People who have a child in common.
  • People in a current or past dating relationship.

(720 ILCS 5/12-3.2)

Penalties for Domestic Battery in Illinois

Domestic battery is a Class A misdemeanor in Illinois, punishable by:

  • Up to 1 year in jail.
  • Fines up to $2,500.
  • Mandatory counseling or domestic violence intervention programs.

However, aggravating factors can elevate domestic battery to a felony, leading to much harsher penalties.

statute of limitations

Aggravated Domestic Battery (Class 2 Felony)

Domestic battery becomes aggravated if the defendant:

  • Causes great bodily harm, permanent disability, or disfigurement.
  • Strangles the victim.
  • Has prior domestic battery convictions.

Penalties for aggravated domestic battery include:

  • 3 to 7 years in prison (up to 14 years for repeat offenders).
  • Fines up to $25,000.
  • Mandatory minimum sentence of 60 days in jail, even if probation is granted. (720 ILCS 5/12-3.3)

Protective Orders and No-Contact Orders

A domestic battery charge often results in the victim seeking a protective order (also called a restraining order). These orders can:

  • Prohibit the accused from contacting or approaching the victim.
  • Require the accused to move out of a shared residence.
  • Affect child custody and visitation rights.

Violating a protective order is a separate criminal offense, punishable by additional jail time and fines. (750 ILCS 60/214)

Can Domestic Battery Charges Be Dropped?

Unlike other criminal charges, domestic battery cases in Illinois cannot be dismissed at the victim’s request. (Illinois State’s Attorney Office)

  • Only the prosecutor can drop the case once charges are filed.
  • This policy is in place to prevent coercion or intimidation of victims.

However, a skilled attorney may be able to:

  • Convince the prosecutor to drop the charges due to insufficient evidence.
  • Negotiate a plea deal for lesser charges or reduced penalties.