What Are the Punishments for Domestic Battery in Illinois?

 Posted on October 22, 2019 in Domestic Battery Charges

The Illinois State Police approximates that 95 percent of domestic violence cases are men beating women. One case happens every 15 seconds, and Illinois has severe punishments for those offenders convicted of the crime. Charges can range from a misdemeanor to a felony, and convicted abusers can also face many ramifications to their lives, including no access to their victims, isolation from their community, a tarnish on their reputation, and the inability to get a job or purchase a house.

Illinois Domestic Violence Act

The state of Illinois observes domestic violence between members of a household, including:

• Spouses

• Parents and children

• Step-children

• People who share the same house

• Co-parents who share parental responsibilities of a child

• People with disabilities and their caretakers

According to Illinois law, domestic violence can include more than just physical violence. Other forms of domestic violence include harassment, stalking, peeping, keeping children away from their parents without reason, forcing a person to do something they do not want to do, and forcing a child to watch an act of abuse. These types of offenses can lead to a Class A misdemeanor charge, which can be punished by one year in prison, probation, fines, and counseling. Charges may be elevated to felonies for several reasons, including:

• If an abuser has prior domestic violence charges, they will face a Class 4 felony.

• A Class 4 felony will also be charged if the act of domestic violence involves a child, a firearm, or sexual assault.

• Aggravated domestic battery is a Class 2 felony charge, which can lead to a prison term of three to seven years.

Alleged abusers may also face an order of protection, which victims are encouraged to file during a domestic violence case. This type of restraining order will restrict an alleged abuser from having any contact with their alleged victim, and it may place a number of other requirements on a person, including staying out of their house, paying child support or spousal support, or attending counseling.

Defenses Against False Allegations

Unfortunately, some cases of alleged domestic violence turn out to be based on false accusations. In these cases, alleged abusers benefit from having legal counsel on their side to help avoid negative outcomes and a criminal record. An attorney can look into each individual case and find out if there is any evidence showing that the abuse did not occur. An attorney may be able to help demonstrate that an alleged victim's story was fabricated in order to keep a parent from their child or as an attempt to influence the decisions in a child custody dispute.

Contact a Joliet, IL Criminal Defense Attorney

Domestic violence is taken seriously in the state of Illinois. In some cases, however, the accusations may not be true. That is why it is imperative for an alleged abuser to seek the help of a knowledgeable attorney who can properly look into the circumstances of the case. The lawyers of Tedone & Morton, P.C. are capable of building a solid defense on your behalf to avoid a false conviction. To schedule a free consultation with a diligent Will County domestic violence lawyer, call our office at 815-666-1285.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100

https://www.isp.state.il.us/crime/domesticviol.cfm