When called to the scene, the police will speak to both parties. This is a difficult position for a person charged with domestic violence to be in because the smartest thing they can do is remain silent. In the moment, this is the hardest thing to do because you want to explain your side of what happened. Fight [...]
If you are charged with domestic battery, whether true or not, it is possible that you will be arrested. The police will likely encourage the accused to find somewhere else to stay for the night so the situation can cool down. Even if you are the owner of the home or your name is on the [...]
A battery becomes domestic based on the relationship between the parties. Under 750 ILCS 60, the Illinois Domestic Violence Act of 1986, protects family or household members from domestic violence. Family or household members include spouses, former spouses, parents, children, stepchildren and other persons related by blood or by present or prior marriage, persons who share or [...]
Generally, domestic battery is prosecuted as a Class A misdemeanor, which is punishable by a fine (up to $2,500) and jail time (up to one year). At the same time, Illinois domestic violence laws have provisions that allow prosecutors to upgrade domestic violence to a Class 2 felony if you have a prior conviction of [...]
Under Illinois law, you can be charged with aggravated battery under the following circumstances: If the victim has suffered significant bodily harm, or is disfigured or permanently disabled as a result of your actions. If you choked or strangled the victim while committing the crime. It should be noted that you do not necessarily have [...]