The Illinois Domestic Violence Act defines domestic battery and aggravated domestic battery, and it outlines the criteria necessary for a court to convict someone of either one of those crimes. The law also addresses orders of protection, which are commonly called restraining orders, and it outlines law enforcement’s and healthcare providers’ responsibilities.
Which People Are Covered by the Illinois Domestic Violence Act?
The Illinois Domestic Violence Act covers battery that occurs in several types of relationships, including:
- Spouses and ex-spouses
- Dating relationships
- Parent-child or stepparent-child relationships
- Parents who share a child
- People who are related (by blood) through a child
- Blood-related family members
- Current and former roommates
- Disabled or elderly people and their caregivers
What Does the Illinois Domestic Violence Act Say About Battery?
The law says that domestic battery can be a Class A misdemeanor (except in certain circumstances) that’s punishable by up to a year in jail, probation, fines, and possible counseling.
If the defendant’s criminal history involves a previous domestic battery conviction, or if the act involved battery using a firearm, battery involving a child, or battery involving sexual assault, it’s a Class 4 felony. A conviction can result in between 1 and 3 years of imprisonment.
It also says that aggravated domestic battery is a Class 2 felony, and that can carry a penalty of between 3 and 7 years in prison.
Do You Need to Talk to a Lawyer About the Illinois Domestic Violence Act?
If you’ve been accused of domestic battery in Chicago, or if someone has taken out an order of protection against you, it may be in your best interests to get in touch with a domestic battery attorney who can help.
Call us right away at 847-920-4540 for a free domestic battery case review. We’ll listen to what happened, find out what kind of evidence the prosecution has against you, and begin developing a strategy that gets you the best possible outcome right away.