Charged With Domestic Battery in the Presence of a Child?

What is Domestic Battery in the Presence of a Child?

Domestic battery in the presence of a child is an offense of domestic battery that occurs when a child is present. If you commit a felony domestic battery, aggravated domestic battery, aggravated battery, unlawful restraint or aggravated unlawful restraint against a family or household member, it counts for the purposes of this offense.

The child does not have to directly witness the battery for you to be charged with this crime. And for the purposes of the law, a “child” is any person who’s under the age of 18 and is in the household. It doesn’t matter whether the child is yours, whether they are a stepchild or adopted child, or even a visitor. If the person is under the age of 18 and is in the household during the offense, you can be charged with and convicted of domestic battery in the presence of a child.

Related: What happens at an order of protection hearing?

What’s the Penalty for Domestic Battery in the Presence of a Child?

The penalty for domestic battery in the presence of a child in the state of Illinois is the standard penalty, and then some. In fact, the minimum required penalty is imprisonment for 10 days or 300 hours of community service. A judge can sentence you to both, as well. The judge in your case can also hold you responsible for paying for the child’s counseling.

Related: What happens after you’re served with an order of protection?

What to Do if You’re Charged With Domestic Battery in the Presence of a Child

If you’re charged with domestic battery in the presence of a child, the best course of action may be to speak with an attorney as soon as possible. Because this charge comes with additional penalties for a conviction, you could end up spending time in prison and paying hefty fines, as well as counseling costs for the child who was present at the time of the offense. Your attorney will ask you several questions, including whether you knew there was a child present at the time, how the child is related (or not related) to you, and what happened during the events leading up to your arrest.

Related: Does a domestic battery conviction stay on your record forever?

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.