Illinois law is very clear about domestic battery. The actual statute is as follows:
(720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2) Sec. 12-3.2. Domestic battery. (a) A person commits domestic battery if he or she knowingly without legal justification by any means: (1) causes bodily harm to any family or household member; (2) makes physical contact of an insulting or provoking nature with any family or household member.
Domestic Battery Charges in Chicago and in Cook County
Under 750 ILCS 60, domestic violence is any physical, emotional or sexual abuse of a household or family member by another.
Unfortunately, domestic violence and domestic battery accusations are often unfounded. In Chicago and the rest of Illinois, it’s too common for a spouse, an ex or a significant other to make up allegations of abuse. Spousal abuse is a serious crime, but in many cases, the accuser exaggerates or completely fabricates a story to make the situation worse.
Some domestic violence allegations are made during difficult divorces or drawn-out child custody battles. Others are made out of sheer spite after a breakup. In many cases, prosecutors follow up with these types of charges, even after the accuser recants his or her accusations.
People across Chicago are convicted of domestic violence every day, and the state considers it a violent criminal offense. Whether you actually made a mistake or the allegations are false, it’s essential that you work with a domestic violence lawyer in Chicago.