Illinois classifies certain violent actions committed against family or household members as domestic violence crimes. A “family or household member” is a special classification, which refers specifically to:
- Current or former spouses;
- People related by blood or marriage, including parents, children and stepchildren;
- People who currently share or formerly shared a dwelling;
- People with a child in common;
- People who are dating or engaged; and
- People with disabilities and their caregivers.
The law takes these crimes seriously. In addition to potential jail time and/or fines, the offender might also be subject to a order of protection.
The Elements of Domestic Battery
There are two principal forms of domestic violence crimes: domestic battery and aggravated domestic battery.
Generally, domestic battery is a Class A misdemeanor, punishable by a $2,500 fine and less than a year in prison. If the offender has a prior conviction, however, the domestic battery could be charged as a felony. The felony classification and corresponding punishment depends on the nature and number of convictions. Not unsurprisingly, the more prior convictions that demonstrate a violent nature, the harsher the sentence for committing domestic battery.
A person commits domestic battery if he or she knowingly (and without legal justification):
- Causes bodily harm to a family or household member; or
- Makes physical contact with a family or household member of an insulting or provoking nature.
The Elements of Aggravated Domestic Battery
The punishment for an aggravated domestic battery charge depends on the degree of the violence and/or the class of victim. A person may be charged with aggravated battery if he or she knowingly commits one of the following offenses (without using a firearm):
- Causes great bodily harm or permanent disability or disfigurement;
- Uses a flammable substance, poisonous gas, deadly biological agent, radioactive substance or explosive device to commit the battery;
- Batters a police officer or similar individual while that person is performing official duties. It is also aggravated domestic battery if the injury prevents the individual from performing official duties or if it is in retaliation for performance of official duties;
- Batters a person 60 years old or older;
- Strangles another person;
- Batters a child or an intellectually disabled person; or
- Batters a pregnant woman or a physically handicapped person.
The law also affords special protection to teachers while they are on school grounds, taxi drivers on duty, and emergency management workers performing their official duties. (Note that the law treats the offense differently if committed with a firearm.) The consequences of being convicted of domestic violence crime include:
Loss of Employment Opportunities
One of the most serious consequences of domestic violence is the stigma that our society attaches to these crimes. Background checks are routine for almost all job applications in today’s society. If you have a conviction of domestic violence on your record, it can be very difficult to obtain employment in certain types of occupations, especially jobs within government.
Denial or Revocation of a State License to Engage in a Particular Type of Business
An allegation of having committed domestic violence can also make it difficult for a person to obtain or maintain a state issued license, such as a license to work in or operate a child care facility.
Issuance of a Criminal and/or Family Law Restraining Order
Restraining orders are issued by criminal and domestic relation courts routinely where there are allegations of domestic violence. An obvious consequence to these orders is the loss of liberty (you may not be able to go to your own home as well as any other place the Court forbids you to go.), to the extent the order forbids the restrained party from going to certain locations.
Loss of the Right to Possess Firearms
When a restraining order is issued, it is automatic that the offender must turn in their FOID card to the Clerk of the Court and the defendant shall be restrained from owning or possessing a firearm. The Court will order you to turn in all weapons to your local police department. This restriction is particularly burdensome to people with occupations that require the possession of handguns.
Loss of Immigration Status
A conviction for domestic violence can result in the loss of a person’s immigration status.
Loss of Child Custody or Visitation Rights
If a divorce is pending while there are allegations of domestic violence, a major factor the court must consider in determining custody and visitation rights is whether or not there has been domestic violence within the relationship. Courts are particularly sensitive to this issue when considering the best interests of the minor children.
Automatic Extension to Foreign Spouse/Children to Remain within Country and Increased Obligation to Support Them
In cases where foreign spouses make allegations of domestic violence against their spouses who are sponsoring them, the foreign spouse will be granted an automatic extension to his or her right to remain within our country. When this happens, the sponsored spouse’s obligation to support the foreign spouse and his or her children is also extended.
Becoming the Subject of an Order of Protection
A victim of domestic battery or aggravated domestic battery may petition for an emergency order of protection. This is a temporary order granted solely on the basis of the victim’s testimony. Because it is temporary, it will only stand until the alleged offender has the opportunity to fight the allegations. If the court extends the order of protection, the alleged offender must comply or face contempt of court and other criminal charges. Keep in mind that an order of protection follows the victim within Illinois and the entire United States.
If you have been charged with a domestic violence crime, or if you have been served with an order of protection, you need an experienced Illinois criminal defense attorney. While an order of protection might not seem like a big deal, it could have serious repercussions for your future. Do not take this issue lightly. Contact us today. We can assist those in Chicago and the surrounding area.a