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A Domestic Battery Charge In The State Of Illinois
posted on 3/10/24

Domestic battery is a very serious crime that can lead to challenging consequences. By going over these consequences and speaking with a Chicago criminal protection order attorney, you will have an easier time defending yourself.

What Is Domestic Battery In The State Of Illinois?

In the state of Illinois, domestic battery is a situation in which one person:

  • Causes bodily harm, by any means, to a family member or a household member.
  • Makes physical contact with a family or household member that is of an insulting or provoking nature.

Some examples of the types of actions that belong to the distinctions outlined above are as 


  • Pushing a family member down a small flight of stairs.
  • Kicking one’s spouse in the knees.
  • Smashing a piece of food over a family member’s face.

If a person commits one of the above – among a wide variety of other acts – then they can be charged with domestic battery, as per the laws that govern the state of Illinois.

On the surface, these laws are simple. But, there is one slightly broad definition that must be clarified.

Who Is A Family Member Or Household Member?

A family member/household member is one of the following individuals:

  • Your spouse.
  • Your former spouse.
  • Someone who is related to you by blood.
  • Someone who is related to you by a prior marriage.
  • A person you had children with.
  • A person you are dating.
  • A person you have dated.
  • A person you currently live with.
  • A person you used to live with.
  • A person with a disability.
  • A disabled person’s personal assistant.
  • A disabled person’s caregiver.

Just as an example, if you get into a fight with your roommate, and this leads to an act of bodily harm, you can be charged with domestic battery.

What Happens If You Are Charged With Domestic Battery?

If you are charged with domestic battery, you can receive a maximum sentence of twelve months in jail, coupled with a fine that is no more than $2,500.

On the other hand, though, if you are charged with aggravated domestic battery, or if other factors were present – children were involved – you can receive an even more serious sentence.

A similar set of rules can and will apply if you have been convicted of a felony prior to being charged with domestic battery this time around.

How Can You Defend Yourself From A Domestic Battery Charge?

The best way to defend yourself from a domestic battery charge is to speak with an attorney.

If you speak with an attorney, you can clarify the facts of your case and, in doing so, develop an effective defense.

A common defense is claiming that you acted in self-defense.

If you can prove that you were in imminent danger and acted rationally, then you can often avoid a domestic battery conviction. But, you should only attempt to employ this defense – among others – with the assistance of an attorney.

Get Qualified Legal Help Today

If you need representation for a domestic battery charge, the attorneys at Glasgow & Olsson are uniquely qualified to help. 

When you need an attorney, experience matters. 

Speak with a Cook County criminal defense attorney today to learn how our experience can get you the results you deserve.