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Illinois Domestic Battery Law 720 ILCS 5 12-3 2

Illinois Domestic Battery law, found at 720 ILCS 5/12-3.2 is one category under the Domestic Violence category. It is the most commonly charged violation, and is often accompanied by an order of protection, and can be charged alongside other offenses.

Illinois Domestic Battery Law 720 ILCS 5/12-3.2

In general, Domestic Battery is a class A misdemeanor, punishable by up to 364 days in jail and up to $2500 in fines plus court costs. The offense can be charged as a felony based on several aggravating factors set out in the statute. The Illinois domestic battery law itself reads as follows:

(a) A person commits domestic battery if he or she knowingly without legal justification by any means: 
1) causes bodily harm to any family or household member;
   (2) makes physical contact of an insulting or provoking nature with any family or household member.

 The law essentially describes a battery in the same terms as the non-domestic violence version of Illinois battery law, but adds the element of the alleged victim as "any family or household member". The law at 725 ILCS 5/112A-3(a)(3) defines "family or household member to include: 

spouses, former spouses, parents, children, stepchildren, and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly have a child in common, persons who share or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, persons with disabilities and their personal assistants, and caregivers

The list is extensive, including even tenuous and long-terminated relationships. 

Unlike many other laws, a finding of guilty for domestic battery must result in a conviction - a sentence of supervision is not available. In addition, a conviction for a domestic battery cannot be expunged or sealed under current Illinois law. Given these considerations, a skilled Illinois domestic battery lawyer with experience in identifying and presenting a viable defense is of critical importance. 

Call the criminal defense lawyers at Fagan, Fagan & Davis for help defending your Illinois Domestic Battery Law charge under 720 ILCS 5/12-3.2 today.

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We regularly appear for Illinois Criminal defense, DUI defense and Traffic violations throughout the Chicago area including Cook, Lake, DuPage, Kane and Will county courts, Skokie, Rolling Meadows, Bridgeview, Markham, Maywood, Waukegan, Wheaton, Naperville, Elgin, St. Charles and more.