It’s completely understandable when family members fight – it happens from time to time. But is fighting with your sibling considered domestic battery? Here’s what you need to know.
Is Fighting With Your Sibling Domestic Battery?
Fighting with your sibling – physical fighting, that is; not arguing – is considered domestic battery in the state of Illinois. That’s because the Illinois Domestic Violence Act outlines certain relationships between people that turn the crime of battery into domestic battery, and “blood-related family members” is one of those relationships.
You’ll be up against a stiffer penalty if you committed the alleged battery in front of a child. Illinois law defines child for this purpose 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.”
What Relationships Count for Domestic Battery?
You can be charged with and convicted of domestic battery if you and the alleged victim fall into one of these relationships:
- Spouses and ex-spouses
- Blood-related family members
- Roommates (current or former)
- Elderly or disabled adults and caregivers
- People related by blood through a child
- Parents or stepparents and children
Related: Second-offense domestic battery
Penalty for Fighting With Your Sibling as Domestic Battery
Generally speaking, domestic battery is a Class A misdemeanor. If you’re convicted, a judge can send you to jail for up to a year and order you to pay fines of up to $2,500. There are some instances that can increase the penalty – such as when you have a previous domestic battery conviction, meet a circumstance outlined in the Illinois Domestic Violence Act, or are charged with and found guilty of aggravated domestic battery.
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.