Domestic Violence Defense

Domestic Battery Attorney in Joliet, IL

Facing domestic battery charges? EAM LAW provides sensitive and strategic defense for complex family situations.

Domestic Battery Defense: Frequently Asked Questions

Understanding domestic battery charges and protecting your rights and family.

What constitutes domestic battery in Illinois?

Domestic battery in Illinois occurs when you intentionally or knowingly cause bodily harm to any family or household member, or make physical contact of an insulting or provoking nature with a family or household member. Family or household members include spouses, former spouses, parents, children, stepchildren, other persons related by blood or marriage, people who share or formerly shared a common dwelling, people who have or allegedly have a child in common, people in or who have been in a dating relationship, and people with disabilities and their personal assistants. Many criminal cases, including domestic battery and Illinois drug possession charges, can carry serious consequences if not handled properly by an experienced attorney.

What are the penalties for domestic battery in Illinois?

A first domestic battery offense is typically a Class A misdemeanor, punishable by up to 364 days in jail and fines up to $2,500. However, subsequent domestic battery convictions become felonies with increasingly severe penalties. A second conviction is a Class 4 felony (1-3 years in prison), and a third conviction is a Class 2 felony (3-7 years in prison). Additionally, you may face mandatory domestic violence counseling, no-contact orders, and loss of firearm rights.

Can the victim drop domestic battery charges?

No, the victim cannot simply ‘drop’ domestic battery charges. Once police arrest you for domestic battery, it becomes a criminal case prosecuted by the state, not the victim. While the prosecutor may consider the victim’s wishes, they can proceed with charges even if the victim doesn’t want to prosecute. The state often has other evidence like police reports, photos, medical records, or recorded 911 calls that allow them to prosecute without the victim’s cooperation.

How does an Order of Protection affect my domestic battery case?

Orders of Protection (also called restraining orders) are civil matters separate from your criminal case, but they often accompany domestic battery charges. An Order of Protection can prohibit you from contacting the victim, coming near their home or workplace, or possessing firearms. Violating an Order of Protection is a separate criminal offense. These orders can also affect child custody, visitation, and your ability to return to your shared residence.

What defenses are available for domestic battery charges?

Possible defenses include self-defense (you were protecting yourself from imminent harm), defense of others, false accusations made during a contentious divorce or custody dispute, lack of physical evidence supporting the alleged victim’s claims, mutual combat (both parties were equally responsible), or challenging the credibility of witnesses. An experienced domestic battery attorney will thoroughly investigate the circumstances and build the strongest possible defense based on the specific facts of your case.

Why Choose EAM LAW for Domestic Battery Cases?

Accused of Domestic Battery?

These charges can tear families apart. Contact us immediately for experienced, compassionate defense.