Home/Practice Areas/Domestic Battery
Domestic Battery 2017-02-10T18:37:30+00:00
  • Chicago IL Domestic Battery Lawyer

Circumstances that can turn a domestic battery charge into a Class 4 felony include:

  • Battery using a firearm
  • Battery involving a child
  • Battery involving sexual assault

Practice Area: Domestic Battery

Domestic battery is a criminal offense in the state of Illinois. It involves physical harm caused to another person; it can also refer to unwanted physical contact, insulting contact or provoking physical contact.

The legal definition of domestic battery 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 is a Class A misdemeanor, and a judge can sentence you to imprisonment for up to a year and a fine of up to $2,500. However, if you have a previous domestic battery conviction or you have met a circumstance outlined in the IDVA, it could be a Class 4 felony. In that case, a conviction can result in up to 3 years in prison and a fine of up to $25,000.

Proving Domestic Battery: The Prosecutor’s Job

The Law Offices of M. Fakhoury LLC represents clients in domestic battery and aggravated domestic battery cases across Chicago and in the surrounding suburbs. We can also help you if a judge has issued an order of protection that forces you to change your behavior.

Proving Domestic Battery: The Prosecutor’s Job

In order for prosecutors to prove domestic battery, they must show that you fit into a relationship covered under the IDVA. Those relationships include:

  • Spouses
  • Ex-spouses
  • Blood-related family members
  • Co-parents
  • Current roommates
  • Elderly adults and caregivers
  • Disabled adults and caregivers
  • Former roommates
  • Individuals related by blood through a child
  • Parent-child
  • Stepparent-child

Possible Defenses to Domestic Battery

You may be able to claim self-defense or defense of another person in a domestic battery case. However, you’ll have to speak with a domestic battery lawyer in Chicago about other possible defenses. Your attorney will be able to create a defense strategy based on the circumstances of your case.

Talk to a Domestic Battery Lawyer in Chicago Today

If you’re facing domestic battery charges in Chicago or the suburbs, it’s important that you talk to an attorney who can help preserve your rights and ensure that your side of the story comes out in court.

Call us at 847-920-4540 or contact our offices online. You deserve to work with an attorney who cares about getting the best possible outcome in your case, and we can help.

Client Reviews

I hired him two days ago and he got my case dismissed today. My case was no walk in the park. Fast, efficient, and to the point.
Mahesh, April 2012
Mr. Fakhoury represented me on an alleged DV case. The case itself was bogus from the beginning. Even with false reports and lying on the stand Matt was still able to fight and get me a Not Guilt. Matt was extremely responsive regardless of the time of day. He kept me in the loop at all times and explained what was going on. I would highly recommend him to anyone in need of a Criminal Defense Lawyer.
Matt defended me in a Domestic Battery case. From the beginning, he was honest, open and believed in my innocence and character. He was responsive and very connected in the Rolling Meadows court system. His demeanor was professional and thorough. The outcome was a dismissal and Matt will be handling the expungement from this point as I look forward to having my name and record completely cleared. I would highly recommend Matt as a superior defense attorney to anyone.

Domestic violence is a serious problem for everyone involved. Our goal at the Law Offices of M. Fakhoury LLC is to resolve the complicated issues surrounding domestic abuse efficiently and effectively for men, women and children, and particularly for those falsely accused of domestic abuse.