Understanding Illinois Domestic Violence Laws

 Posted on January 09, 2023 in Domestic Violence

The Illinois Domestic Violence Act of 1986 is established under 750 Illinois Compiled Statute (ILCS) § 60. Domestic battery is one of the most common kinds of domestic violence offenses committed in the state. Domestic violence charges are only applicable when allged crimes are commited against certain types of people.

Under 750 ILCS § 60/103(6), domestic violence offenses involve harm against spouses, former spouses, parents, children, stepchildren and other people who are related by blood or by present or prior marriage, people sharing or formerly sharing a common dwelling, people with a child in common, and people with dating or engagement relationships. Domestic violence can include physical abuse, harassment, intimidation, or interference with personal liberty.

Domestic Battery Penalties in Illinois

When law enforcement responds to a possible domestic violence incident, chances are very high that at least one person is going to be placed under arrest. People can face domestic violence charges even when police officers do not obtain any evidence of violence.

The legal definition of domestic battery is a person causing bodily harm to a family or household member, or making physical contact that is provoking or insulting in nature with a family or household member. Domestic battery begins as a Class A misdemeanor offense punishable by up to 364 days in jail and/or a fine of up to $2,500. 

Domestic battery becomes a Class 4 felony when an alleged offender has a previous conviction for a related offense such as violating an order for protection, aggravated battery, kidnapping, predatory criminal sexual assault of a child, stalking, or unlawful restraint. 

Domestic battery will also be a Class 4 felony when an alleged offender has two prior domestic battery convictions. When a person has three previous domestic battery convictions, a new offense will be a Class 3 felony and four or more prior convictions will make a new offense a Class 2 felony.

A Class 4 felony conviction is punishable by up to three years in prison and/or a fine of up to $25,000. Class 3 felonies are punishable by up to five years in prison and/or a fine of up to $25,000, while Class 2 felonies are punishable by up to seven years in prison and/or a fine of up to $25,000. 

All alleged offenders in domestic violence cases need to understand that they have the right to fight their charges and may be able to achieve a reduction in or dismissal of certain criminal charges. It is important for any person facing a domestic violence charge to quickly consult an experienced criminal defense lawyer.

Contact a Cook County Domestic Violence Attorney

Were you or your loved one recently arrested for an alleged domestic violence offense anywhere in Northern Illinois? Do not wait another moment to reach out to Luisi Legal Group. Contact our skilled Chicago domestic violence lawyers at 773-276-5541 or contact us online so you can receive a free consultation. 

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59

https://www.ilga.gov/legislation/ilcs/documents/072000050k12-3.2.htm