Can you pick up domestic battery charges for hitting your ex-wife?
Here’s what you need to know.
Domestic Battery Charges for Hitting Your Ex-Wife
In Illinois, you can be charged with domestic battery if you cause bodily harm or make physical contact of an insulting or provoking nature with any family or household member.
So does your ex-wife count?
The answer is yes, because the list of people who the state considers to be “family or household members” includes:
- Blood-related family members
- Current roommates
- Elderly adults and caregivers
- Former roommates
- Individuals related by blood through a child
- Parents and children
- Stepparents and children
If you commit battery against someone who’s not on this list, it’s a battery charge – but if the alleged victim falls into one of these relationship categories, it’s definitely considered domestic battery.
What Happens if You’re Convicted of Domestic Battery?
If the court convicts you of domestic battery, it can go one of two ways. You may be convicted of a Class A misdemeanor, and in that case, you’ll be facing up to a year in jail and a fine of up to $2,500.
However, you could be facing a Class 4 felony. Domestic battery becomes a Class 4 felony if you have a previous domestic battery conviction or if your alleged crime involved great bodily harm, or permanent disability or disfigurement. It’s also a Class 4 felony if you strangled your ex-wife (which means you intentionally impeded her breathing or circulation). In this case, it’s aggravated domestic battery, which carries a possible prison sentence of up to 3 years, as well as fines of up to $25,000.
Can You Defend Yourself Against Domestic Battery Against Your Ex-Wife?
There are possible defenses against domestic battery you’re accused of committing against your ex-wife. However, every case is different – so you’ll want to talk to your domestic battery defense attorney about your circumstances. For example, you could say that you were simply defending yourself (or that you were defending another person). But again, it’s best to talk to your attorney about the types of defensese you might be able to use.
Do You Need to Talk to a Lawyer About Domestic Battery Charges for Hitting Your Ex-Wife?
If you’ve been accused of hitting your ex-wife (or anyone else who falls under the family and household member category), we may be able to help you.
Call us right away at 847-920-4540 or fill out the form below to set up your free consultation with a domestic violence defense attorney now.