I Got Into a Fight With My Brother – Is That Domestic Battery?

Families fight – it happens. But in the state of Illinois, you can be charged with domestic battery for getting into a physical altercation with your family members (even your brother). This guide explains. 

I Got Into a Fight With My Brother – Is That Domestic Battery?

Domestic battery is a crime in Illinois, and it requires battery between people with certain relationships. One of those qualifying relationships is “blood-related family members,” which means that you can be charged with and convicted of domestic battery for fighting with your brother.

Related: Is slapping your husband considered domestic battery in Illinois?

Fighting With Your Brother: A Domestic Battery Definition

The state of Illinois defines domestic battery this way:

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

The Penalty for Fighting With Your Brother in Illinois

If the state charges you with domestic battery for getting into a fistfight or other type of physical altercation with your brother, you’re most likely looking at Class A misdemeanor charges. A conviction of misdemeanor domestic battery can put you behind bars (in jail, not prison) for up to a year – and a judge can order you to pay fines of up to $2,500, as well. However, if you’re charged with felony domestic battery, you may go to prison for up to three years and pay fines of up to $25,000. 

Related: Questions police ask during domestic battery investigations

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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