Under Illinois law, domestic battery is a serious crime – and if you’re convicted, it stays on your record forever. You can’t expunge or seal it.
Here’s what you need to know.
What is Domestic Battery Under Illinois Law?
Domestic battery is a criminal offense. It involves physical harm to another person, unwanted physical contact, insulting contact or provoking physical contact. The law says:
(a) 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.
Domestic battery is a Class A misdemeanor, and a judge can sentence you to imprisonment for up to a year and a fine of up to $2,500. However, if you have a previous domestic battery conviction or you have met a circumstance outlined in the IDVA, it could be a Class 4 felony. In that case, a conviction can result in up to 3 years in prison and a fine of up to $25,000.
Who is a Family or Household Member?
Several people fall into the right relationships for a domestic battery charge. Battery against any of the following people is considered “domestic battery,” even if you don’t live together (or have never lived together):
- Spouses
- Ex-spouses
- Blood-related family members
- Co-parents
- Current roommates
- Elderly adults and caregivers
- Disabled adults and caregivers
- Former roommates
- Individuals related by blood through a child
- Parent-child
- Stepparent-child
Have You Been Accused of Domestic Battery in Illinois?
If someone has accused you of domestic battery in Illinois, there’s a good chance that we can help you. Call our office at 847-920-4540 right now for a free consultation – we’ll be happy to answer your questions and give you the legal advice you need. If it’s easier, fill out the form below and we’ll get back to you as soon as possible.
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