A domestic battery conviction can lead to heavy fines, jail time, and being forced to compensate your accuser for damages they claim to have sustained, among other possibilities.
Going over the distinction between a “family member” and a “household member” when it comes to domestic battery, while speaking with a Chicago domestic violence attorney, will help you obtain the best legal outcome.
What Is Domestic Battery?
Domestic battery in Illinois is defined as a situation where someone knowingly causes bodily harm to either a family member or a household member.
Domestic battery is also when someone knowingly makes physical contact, of an insulting or provoking nature, with a family member or a household member.
Just as an example, if someone punches their spouse in the face, this would be considered domestic battery. And, so would a situation in which that individual touches or grabs their spouse, in a way that is meant to provoke them.
The state of Illinois takes domestic battery very seriously. You can, if convicted of domestic battery, be forced to spend up to one year in jail, pay a fine of $2,500, and pay damages to your accuser.
A second domestic battery conviction – or, being convicted of domestic battery, when you have been convicted of certain prior offenses – can lead to a longer prison term and heavier fine; as well as other penalties.
Who Is Considered A Family Member And/Or Household Member?
To be convicted of domestic battery, your accuser must be one of the following: a family member or a household member.
Many types of people fall into those two categories. Even people who you wouldn’t necessarily think belong to either category. Some of these types are as follows:
- Spouses.
- Ex-spouses.
- Dating partners.
- Parents.
- Grandparents.
- Children.
- Stepchildren.
- Roommates.
- Caregivers.
A good example of the above is as follows: if you are dating someone and they accuse you of throwing a bottle at them, you could be charged with domestic battery due to the nature of your relationship with this person.
Even though you can be charged with domestic battery if a dating partner accuses you of hurting them, you cannot be charged with domestic battery if you allegedly hurt a casual sex partner. There must be a relationship.
What Does This Mean For You?
Domestic battery is a serious crime that comes with very strict penalties. You must work with an attorney who can help you if you are charged with domestic battery.
Outside of the above, several people can accuse you of a harmful act. Doing so could lead to a domestic battery charge. This is due to the scope of what constitutes an act of domestic battery.
A good attorney can help you obtain the best possible legal outcome if you are charged with domestic battery. They can do this by disproving the claims against you, among other possibilities.
Get Qualified Legal Help Today
If you’ve been charged with domestic battery, contact us today.
Glasgow & Olsson brings decades of experience and a well-established legacy of trust, because we are not just attorneys – we are advocates you can rely on.
When you need someone in your corner, choose the team that knows how to help you. Our team has helped thousands of people who have been charged with crimes in Illinois. When we take cases, we do so to win. This means we take cases to trial. We don’t arrange plea bargains unless it is in the best interest of our clients. As proactive lawyers, we fight aggressively and support our clients throughout their entire case up to and including appeals. Protecting your life and freedom is always the goal, and with our decades of experience practicing law, we know how to get results. This is why we are regularly invited to appear as a legal contributor on popular radio and news outlets, including ABC, CNN, NBC, CBS, and Fox NEWS.
Speak with a Chicago domestic battery defense attorney today to learn how we can bring you the results you need.