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Domestic Battery AttorneyChicago Domestic Violence AttorneyA person commits domestic battery, domestic violence or domestic abuse if he intentionally or knowingly without legal justification by any means causes bodily harm to any family member, household member or someone the person is dating or makes physical contact of an insulting or provoking nature with any family member, household member or person they are dating. Domestic battery is a Class A misdemeanor and can be charged as a Class 4 felony if the defendant has any prior convictions for domestic battery or any violation of an order of protection. In addition to any other sentencing alternatives a defendant may receive from the court, for a second or subsequent conviction for domestic violence, the offender is mandatorily sentenced to a minimum of 72 consecutive hours of imprisonment. When a domestic battery is committed in the presence of a child, the charges are upgraded and enhanced to felony domestic battery and the offender is required to serve a mandatory minimum imprisonment of 10 days or perform 300 hours of community service, or both. Additionally, the offender is responsible for the cost of any counseling required for the child. Oftentimes, orders of protection are attached to domestic violence charges, which prohibit the parties from making contact with each other at home, school, work or with other family members for the duration of the case and sometimes for years afterwards. In Illinois, any violation of an order of protection (VOOP) is typically considered to be a Class A misdemeanor and, therefore, is punishable by up to 1 year in prison and a $2,500 fine. |
