Illinois Domestic Battery Charge



Domestic Battery (720 ILCS 5/12‑3.2)

A person commits domestic battery if he or she intentionally or knowingly without legal justification by any means:

1) intentionally or knowingly

2) without legal justification

3) by any means

A. causes bodily harm to an individual or

B. makes physical contact of an insulting or provoking nature

C. with any family or household member.

Family of Household Member (725 ILCS 5/112A-3)

A family or household member includes spouses, ex-spouses, parents, children, stepchildren and other persons who are related by blood or by marriage (including marriages ending in divorce), persons who share or previously shared a residence, persons who have or allegedly have a child in common, persons who share or allegedly share a blood relationship through a child, persons who are dating or who previously dated, persons who are engaged or were previously engaged, persons with disabilities and their personal assistants and caregivers.

A dating relationship does not include ordinary social interaction.

 

Sentence

Domestic battery is a Class A misdemeanor, however, it becomes a Class 4 felony if the defendant has a prior conviction for either domestic battery or violation of an order of protection.  For a repeat offenders, there is a minimum of 3 days jail (with no reduction).

Supervision is not available for domestic battery. This causes problems for expunging or sealing a criminal record for domestic battery.

 

Domestic battery is also a Class 4 felony if the defendant has a prior conviction for any of the following offenses in which the victim was a family or household member:

• first degree murder (720 ILCS 5/9‑1)
• attempt to commit first degree murder (720 ILCS 5/8‑4)
• aggravated domestic battery (720 ILCS 5/12‑3.3)
• aggravated battery (720 ILCS 5/12‑4)
• heinous battery (720 ILCS 5/12‑4.1)
• aggravated battery with a firearm (720 ILCS 5/12‑4.2)
• aggravated battery of a child (Section 12‑4.3)
• aggravated battery of an unborn child (720 ILCS 5/12‑4.4)
• aggravated battery of a senior citizen (720 ILCS 5/12‑4.6)
• stalking (720 ILCS 5/12‑7.3)
• aggravated stalking (720 ILCS 5/12‑7.4)
• criminal sexual assault (720 ILCS 5/12‑13)
• aggravated criminal sexual assault (12‑14)
• kidnapping (720 ILCS 5/10‑1)
• aggravated kidnapping (720 ILCS 5/10‑2)
• predatory criminal sexual assault of a child (720 ILCS 5/12‑14.1)
• aggravated criminal sexual abuse (720 ILCS 5/12‑16)
• unlawful restraint (720 ILCS 5/10‑3)
• aggravated unlawful restraint (720 ILCS 5/10‑3.1)
• aggravated arson (720 ILCS 5/20‑1.1)
• aggravated discharge of a firearm (720 ILCS 5/24‑1.2)

 

Domestic Battery in the Presence of a Child

A child is any person age 17 or younger who is the child or step-child of the defendant or victim and who resides in the home or is visiting. The offense is considered to occur in the presence of a child when the defendant knew or had reason to know that the child would see or hear the incident.

 

A person who is found guilty of committing any of the following offenses against a family or household member in the presence of a child must serve 10 days jail or 300 public service hours:

• felony domestic battery (720 ILCS 5/12-3)
• aggravated domestic battery (720 ILCS 5/12‑3.3)
• aggravated battery (720 ILCS 5/12‑4)
• unlawful restraint (720 ILCS 5/10‑3)
• aggravated unlawful restraint (720 ILCS 5/10‑3.1)

 

The defendant will be held liable for the cost of any psychological counseling the child requires from the incident.

Domestic Battery Expungement & Sealing

Domestic battery convictions cannot be expunged or sealed. Because the minimum sentence for domestic battery is a conviction, offenders cannot receive court supervision. Therefore, a domestic battery offense cannot be expunged. Also, a conviction for domestic battery cannot be sealed because it is a crime of violence.