Domestic Battery Law

Ten things you should know about domestic battery charges

1. Court Supervision: Even if this is an adult’s first time in trouble with the law, Illinois law strictly prohibits court supervision on domestic battery charges for adults. However, juveniles charged may be eligible for court supervision.
2. Guns and FOID Cards: Individuals convicted of domestic battery charges cannot own firearms or apply for a FOID card, even if the conviction was only for a misdemeanor charge.
3. Victims: Contrary to popular belief, domestic battery charges can be brought against an individual that is not married to the battered victim. In fact, an individual can be arrested if the victim is a sibling, parent, roommate, or step-child.
4. Contact with Alleged Victim: Individuals arrested on domestic battery charges cannot contact an alleged victim. If the arrested individual bonds out of jail, there will likely be conditions on the bond papers stating that contact with the alleged victim is prohibited. Violation is considered a Class A misdemeanor.
5. Dropping and Pressing Charges: Alleged victims cannot “press” or “drop” charges brought against an individual. After a police report is generated and an arrest is made, the local States Attorneys Office reviews the report and makes a charging decision.
6. Visible Injuries Not Required: An individual can be charged even if visible injuries are not present. Even insulting or injuries of a provoking nature, such as hair grabbing, can be considered domestic battery.
7. Felony Charges: While often a misdemeanor, prior criminal convictions could result in domestic charges being brought as a felony. This means that prison is a possible sentence.
8. Future Ramifications: If an individual has a domestic battery conviction, certain other future offenses can be charged as a felony.
9. Orders of Protection: While a case is pending, the prosecutor can start proceedings to obtain an order of protection against the charged individual and on behalf of the alleged victim.
10. Recanting Victims: An alleged domestic violence victim that recants his or her statement or story may be charged with a criminal offense depending on the circumstances. The charged offense could be obstructing justice or filing a false police report.

Domestic battery is a serious offense with very serious ramifications for those charged. While no outcome is certain, an experienced Decatur criminal attorney can help you fight your charges. The BRE Law team is aware of how stressful and scary criminal charges can be, our experienced criminal defense team of Fallon Conner, Courtney Anderson, Nrupa Patel and Andrew Wessler are here to help.