Can You Get a Domestic Battery Charge for Pushing Your Spouse?

Can you get a domestic battery charge for pushing your spouse? Many people who call our Chicago, Skokie and Rolling Meadows offices ask us that – so here’s what you need to know.

Can You Get a Domestic Battery Charge for Pushing Your Spouse in Illinois?

You can absolutely be charged with domestic battery if you push your spouse. Under Illinois law, the state can charge you with domestic battery if you knowingly (and without legal justification) cause a family member bodily harm.

But what if your spouse isn’t hurt?

You can still be charged with domestic battery for pushing your spouse, because the law also says that you’re guilty of domestic battery if you make contact of an insulting or provoking nature.

When Can the Court Convict You for Pushing Your Spouse?

The court can convict you of domestic battery even if your spouse isn’t injured. Often, what happens is one spouse calls the police on the other – even if he or she was the one who instigated the incident – and the police have to evaluate the situation on the ground. If you admitted guilt to the police, they’ll definitely use your own statements against you in court. Even if you didn’t admit it, but you talked to the police to try to defend yourself, they can use your statements against you in court. (That’s why it’s best not to talk to police until after you’ve talked to a Chicago domestic battery defense attorney.)

If you’re convicted of either a Class A misdemeanor or a Class 4 felony, you’re looking at jail time. For a Class A misdemeanor, you could spend up to a year in jail and pay up to $2,500 in fines. For a Class 4 felony, you could spend up to 3 years in prison and pay up to $25,000 in fines.

Do You Need to Talk to a Lawyer About Charges You Picked Up for Pushing Your Spouse?

If you’ve been charged with domestic battery because you pushed your spouse, call us at 847-920-4540. We may be able to help you, which we’ll figure out during a free case review. If it’s easier, you can also contact us by using the form below.