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What You Should Know About Domestic Battery

Posted by on in Domestic Violence
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b2ap3_thumbnail_shutterstock_452257993.jpgDomestic battery is an already serious crime that will likely come with even more serious consequences. The charge can impact a pending divorce case, cause you to be forced to leave your own home, and prevent you from seeing your own children. It is essential that you understand the law and consequences regarding domestic violence so you can take immediate action if you are being charged with such a crime. 

What is Domestic Battery?

In the State of Illinois, the most common types of domestic battery include causing bodily harm to a family or household member or making physical contact in a disrespectful nature. Family or household members can include, but is certainly not limited to, the following:

  • Spouses;
  • Ex-spouses;
  • Parents;
  • Children or stepchildren;
  • Significant others;
  • Anyone with a disability; and
  • Anyone with whom a child is shared.

What are the Consequences of Domestic Battery?

Any form of domestic battery is a Class A misdemeanor. If the offender has any prior convictions of violating an order of protection or any other similar offense, then he or she will be charged with a class 4 felony.

If the offender has had three prior convictions of domestic battery, then he or she will face a Class 3 felony. If he or she has had at least four prior convictions for domestic battery, then this conviction is a Class 2 felony. For any subsequent conviction, the offender will face 72 hours behind bars, and the person will not be subject to probation to reduce the sentence.

What is an Order of Protection?

An order of protection is a request for the person affected by the domestic battery to stop the offender from performing abusive acts. The person with the order of protection against him or her must stay away from the person affected and everyone else protected by the order. He or she may also not contact the person affected by any means of communication. If the alleged abuser lives with the person affected by the abuse, then he or she must move out of the home and stay away from the property.

Call a Wheaton Domestic Battery Defense Attorney

At Myers Law, we understand the law inside and out, and are more than willing to help you with your case. To schedule a free 15-minute phone consultation, please contact a DuPage County criminal defense lawyer at 844-984-3529 (844-9-THE-LAW) to get the help you deserve.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.2

http://www.ncsl.org/research/human-services/domestic-violence-domestic-abuse-definitions-and-relationships.aspx

https://www.illinoislegalaid.org/legal-information/getting-order-protection-domestic-violence

 

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