When Does an Argument Become Domestic Battery in Illinois

If you’re like many people, you’re aware that a run-of-the-mill argument can quickly turn into a domestic battery incident – but when is the line crossed? This guide explains when an argument turns into a domestic battery offense in Illinois.

When Does an Argument Become Domestic Battery in Illinois?

Generally speaking, arguments are fine. You’re allowed to argue with your family or household members – everyone does it.

However, the moment one party makes physical contact of an insulting or provoking nature – or when someone causes bodily harm – it becomes a domestic battery offense in the state of Illinois.

Related: He-said, she-said domestic violence charges

The offense of domestic battery can only take place between family and household members, though. If this occurs between people who don’t share a familial or household relationship, it can be a regular battery offense. Family and household members include:

  • Spouses and former spouses
  • Blood-related family members
  • Co-parents
  • Elderly or disabled adults and their caregivers
  • Roommates and former roommates
  • Parents and children or stepchildren

What Happens if Someone Calls the Police Over an Argument?

If someone calls the police when you’re having an argument with a family or household member, the police will most likely ask all involved parties if there’s been any physical contact. If there hasn’t, the police will decide what to do next; they may suggest that you separate for a short period so everyone can cool off. However, if there has been – or if one party alleges that there has been – physical contact, the police may exercise their authority to arrest one or more parties involved in the incident.

Related: What’s the max punishment for domestic battery in Illinois?

If you’re arrested because the police suspect you of domestic battery, the first thing you should do is get in touch with an attorney to get the legal guidance you need. It doesn’t matter if you’re completely innocent and the other party is making up a story or you made a mistake – you have the right to legal representation.

It also doesn’t matter if you think that hiring an attorney makes you look guilty. There are plenty of innocent people in jail who didn’t think they needed an attorney because they believed the truth would come out.

Do You Need to Talk to an Attorney About an Argument Turning Into a Domestic Battery Offense?

If you need to talk to an attorney about an argument you had that turned into a domestic battery charge, we’re here to help. Call us at 847-920-4540 or fill out the form below. We’ll review your case for free and give you the legal advice you need right now.

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