In the U.S. in general, and in Illinois specifically, there is a public policy in protecting children and families. This public policy has manifested itself in many ways, including favoring child support payments over spousal maintenance in divorce cases. One very important way in which Illinois serves this public policy is in the zealous protection of those susceptible to violence in the home, and the vigorous punishment of alleged abusers.
To pursue the perpetrators of abuse, Illinois recognizes domestic battery as a crime. In essence, anyone who “[c]auses bodily harm to any family or household member; [or] [m]akes physical contact of an insulting…nature with any family…member” commits domestic battery. Domestic battery is a Class A misdemeanor, punishable with a jail term of up to one year, a $2500 fine, or both. However, there is a laundry list of aggravating factors that will turn the charge into a Class 4 felony, carrying a jail sentence of one to three years and/or a fine of $25,000.
Amongst these are previous convictions for murder, attempted murder, battery, and many others. The sentence is also aggravated for repeated domestic battery convictions, or whether the battery was committed in the presence of a child.
Conviction of domestic battery does not merely mean a prison sentence. The abused can file for an order of protection, which will likely be granted. The Domestic Violence Act, the Illinois statute allowing for orders of protection, “shall be liberally construed and applied to promote its underlying purposes…”
Orders of protection are orders from the court restricting contact between an alleged abuser and the abused. If the terms of the order of protection are violated, then the police have the authority to arrest the abuser, as well as physically accompany the abused to seek medical attention or to a shared residence to recover personal possessions. The court could choose to hold the abuser in contempt of court, or to use the violation as grounds to increase the penalty in the event of conviction of a crime.
Illinois Criminal Defense Attorney
Domestic battery is a serious crime, one that can be aggravated for myriad reasons. If you are arrested, you have plenty to worry about. You need an experienced criminal defense attorney who can shoulder the responsibility of beating the charges and getting you free. If you have been arrested, contact Thomas Glasgow at 847.577.8700.