In the United States, a person becomes a victim of domestic violence every 15 minutes, making it a serious crime that is not viewed lightly with legal systems.
Under Illinois state law, domestic battery falls under two categories: the first category occurs when a family or household member intentionally causes bodily harms to another, and the second when a family or household member intentionally causes contact with another in an insulting or provoking manner. It is also an act that is used to keep a person from reporting domestic violence to law enforcement or from receiving medical attention.
Domestic battery is considered a Class A misdemeanor and can be labeled as a felony, depending on the severity of the situation. It is considered a Class 4 felony if the defendant has a prior conviction or violated an order of protection.
Penalties for domestic battery misdemeanor may include some of the following:
- Up to a year in jail without parole
- Fine of up to $2,500
- Mark permanently on you criminal record
Domestic battery charges are different from other misdemeanor crimes because the courts have to give a mandatory minimum sentence without rewarding a reduction of the defendant’s sentence time for good behavior.
ORDER OF PROTECTION
Victims of domestic battery may obtain of order a protection from the courts, prohibiting the abuser from threatening, abusing, or seeing them and children involved. The order can also award the victim temporary physical possession of children, in which the abuser may or may not be allowed visitation rights, and may be required to provide child support to the victim. The order can also require the abuser to attend counseling and appear in court.
If you are charged with domestic battery, it is important to speak with a DuPage County criminal defense attorney. At Martin and Kent, L.L.C. you will receive sound guidance as we inform you of your rights as well as help you understand an order of protection.