Is Domestic Battery the Same as Domestic Violence - Chicago Domestic Battery Defense

If you’re like many people, the legal terminology the state of Illinois uses is confusing. So is domestic battery the same as domestic violence?

Here’s what you need to know.

Is Domestic Battery the Same as Domestic Violence?

In a legal sense, yes, domestic battery is the same as domestic violence. You’ll often hear the crime of domestic battery referred to as domestic violence.

But under Illinois law, and in Illinois courtrooms, you’ll hear the crime referred to as battery.

Domestic violence is a catch-all term for any type of family violence. It can refer to violence that never makes it to court, or it can refer to the official crimes of domestic battery or aggravated domestic battery.

What is Family Violence?

Under Illinois law, family violence is any act of violence (including threatening or provoking touches) that occurs within these relationships:

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

What is Domestic Battery?

Domestic battery is the formal name for the crime of:

  • Knowingly and without legal justification, causing bodily harm to any family or household member
  • Knowingly and without legal justification, making physical contact of an insulting or provoking nature with any family or household member

What is Aggravated Domestic Battery?

Aggravated domestic battery is the formal name for the crime of:

  • Knowingly and without legal justification, causing great bodily harm to a family or household member
  • Knowingly and without legal justification, causing permanent disability or disfigurement to a family or household member
  • Knowingly and without legal justification, and while committing the crime of domestic battery, strangling another individual

Strangling means to intentionally impede (block) a person’s normal breathing or circulation by applying pressure to the throat or neck, or by blocking someone’s nose or mouth.

Do You Need to Talk to a Lawyer About Domestic Battery or Domestic Violence Charges?

Domestic battery is the same as domestic violence, although domestic battery is the formal name of a crime and domestic violence is a catch-all term for any type of family violence.

If you’ve been accused of domestic battery or aggravated domestic battery, we may be able to help you. Call us at 847-920-4540 or fill out the form below to tell us about your case. We’ll review the facts and help you get the best possible outcome.

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