Domestic Battery in the Presence of a Child: What You Need to Know About Illinois Law

If you’re like many people, you know that domestic battery is a crime – but what you may not know is that if you commit domestic battery in the presence of a child, the state of Illinois hands you additional penalties. Here’s what you need to know. 

Domestic Battery in the Presence of a Child in Illinois

Domestic battery that’s committed in the presence of a child comes with a minimum required penalty of imprisonment for 10 days or 300 hours of community service – or both. A judge can sentence you to jail and community service if the judge in your case feels it’s warranted.

Additionally, if you’re found guilty, you’ll be responsible for paying the cost of any counseling the child requires. This is at the court’s discretion; that means the judge can determine how much counseling is necessary.

Related: Second offense domestic battery in Illinois

Who’s Considered a “Child” Under Illinois Law for the Purposes of Domestic Battery in the Presence of a Child?

The law defines a child – at least in this instance – as “a person under 18 years of age who is the defendant’s or victim’s child or stepchild, or who is a minor child residing within or visiting the household of the defendant or victim.”

That means any child who is present in the area when you commit domestic battery counts.

Related: Can you go to jail for hitting your girlfriend?

What Should You Do if You’re Facing Charges of Domestic Battery in the Presence of a Child?

For most people facing charges that have to do with domestic battery in the presence of a child, the best thing to do is to get in touch with an attorney about your situation. Your lawyer will give you the guidance you need to move forward.

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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