Can You Be Charged With Domestic Battery for Hitting Your Ex-Spouse, or is it Regular Battery?

Many people who have divorced their former spouses don’t exactly share the best relationships with those people. But can you be charged with domestic battery for hitting your ex-spouse, or is it regular battery in the state of Illinois? This guide explains.

Can You Be Charged With Domestic Battery for Hitting Your Ex-Spouse, or is it Regular Battery?

Under Illinois law, you can be charged with domestic battery for hitting your ex-spouse. In fact, the state of Illinois can even charge you with domestic battery for making physical contact of an insulting or provoking nature with your ex, such as poking them or lightly pushing them. That’s because ex-spouses count as family members under the Illinois Domestic Violence Act (IDVA).

Related: What if your spouse lies to police about domestic battery?

What Are the Family Relationships That Count for Domestic Battery Charges?

There’s a long list of people who qualify as family or household members under the IDVA, including:

  • spouses and ex-spouses
  • blood related family members
  • coparents
  • current and former roommates
  • people who are related by blood through a child
  • elderly or disabled adults and their caregivers
  • parents and children
  • stepparents and children

What Should You Do if Your Ex-Spouse Accuses You of Domestic Battery?

if your former spouse accuses you of domestic battery, whether or not the allegations are true, your best bet may be talking to a domestic battery defense attorney who can help. Your attorney will ask you several questions, including what your current relationship is like with your former spouse, what led up to the incident, and what happened after your arrest. The more information you can provide your attorney, the better defense they can create for you.

Related: Should you confess to domestic battery?

Do You Need to Talk to an Attorney About Domestic Battery Defense?

If you need to talk to a domestic battery defense attorney in Illinois, we’re here to help. Call us at 847-920-4540 now – we’ll be happy to give you a free consultation and talk to you about your options.

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