In Illinois, when you take certain violent actions against members of your family or household, they’re classified as domestic violence crimes.

While a conviction won’t necessarily equate to a whole lot of time behind bars or payment of a whole lot in fines, you will jeopardize your home and family life as well as put a ding on your criminal record against you.

Not to mention, crimes committed against family members or household members tend to have consequences that impact how you live your day-to-day life.

Here’s what you need to know about domestic violence crimes in Illinois, particularly domestic battery and domestic assault, including the differences between them and the penalties you may face if found guilty.

What Is a Domestic Violence Offense?

For a crime to be considered a crime of domestic violence, the perpetrator as well as the victim must be a household or family member. Household and family members are defined as:

• Former or current spouses
• People who currently or have formerly shared a dwelling
• Children, parents, stepchildren, and other people related by marriage or blood
• Those who have a child in common
• Those with disabilities and their caregivers
• Those who are engaged or dating

What Is Domestic Battery?

When a person deliberately causes bodily harm to a family or household member by making contact with them physically in a confrontational or offensive way, then it is considered a crime of domestic battery.

Generally, this is a Class A misdemeanor, however, if you have a history of domestic battery or you’ve previously violated an order of protection, then it becomes a Class 4 felony.

A Class A misdemeanor can result in 12 months in jail and fines of $2,500. However, a Class 4 felony can put you in prison for up to six years and make you responsible for fines up to $25,000.

What Is Domestic Assault?

In Illinois, when a person acts in such a way that inflicts bodily harm on a family member or household member or makes them fear for their lives, then it is considered domestic assault.

In general, domestic assault where a person’s life was not threatened is a Class A misdemeanor charge but if strangulation of a household or family member occurs, or you’ve had prior convictions of similar charges in the past, then it is a Class 4 felony.

For misdemeanor assault cases, if the defendant has no prior history, then they most likely will only get court supervision. This kind of recourse doesn’t count as a conviction but still goes on your criminal record.

As a part of court-ordered supervision, classes may have to be completed as well as counseling for domestic violence issues. The max penalty for a Class A misdemeanor is one year in prison and a fine up to $2,500.

If there is a prior conviction on record, then you can face up to three years in prison. You may also be ordered to have no contact with the person you have been convicted of perpetrating domestic assault against.

These are the penalties that can have the greatest impact on your life — especially when your children are involved.

Domestic violence as a whole, and domestic assault and domestic battery specifically, have a huge impact on the lives of everyone involved. Make sure to understand your rights if you are charged with domestic violence and understand what charges are filed against you.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

If you think that you could be facing domestic assault charges, knowing what you’re up against is the first step in taking action and fighting back to beat the charges against you.

Many clients ask us whether their domestic assault charge will be considered a felony or a misdemeanor. Domestic violence is what’s considered a “wobbler” offense. This means it can be considered either a misdemeanor or a felony depending on the circumstances of the offense.

We’ve put together a guide covering what classifies domestic battery as a misdemeanor versus a felony. We also talk about the collateral consequences you could face with allegations of domestic violence, regardless of the level of offense.

Misdemeanor vs. Felony Domestic Battery

A simple domestic battery offense is considered a misdemeanor, usually punishable by fines and at most one year in jail. This offense occurs when the defendant commits an act of physical violence towards someone with whom they have a familial or intimate relationship.

Aggravating Factors Make Domestic Battery a Felony Charge

However, if the charge of domestic battery is elevated to aggravated domestic battery, which is considered a Class 2 Felony in Illinois, punishable by 3 to 7 years in state prison, in addition to the lifelong consequences of being a convicted felon.

The following aggravating factors can elevate your charges from a misdemeanor to a felony:

• Offenses involving a minor
• Violent acts or threats made using a deadly weapon, or threat thereof
• Violent acts involving sexual abuse
• The defendant caused great bodily injury or permanent disfigurement to the victim
• The offense involved strangulation
• The offense is the third or more charge of domestic violence

Once an Illinois offender’s criminal consequences have been addressed, he or she may then need to face additional civil consequences.

IL Protective Orders: Civil Consequences of Domestic Assault Charges

Regardless of the level of charges you face or the legitimacy of the accusations, allegations of domestic violence often have profound civil consequences, including the protective order that is usually issued to protect the alleged victim.

A temporary emergency order of protection is generally issued immediately following any allegation of domestic violence.

An emergency protective order is generally issued as soon as allegations of domestic violence are made, and it is issued regardless of the defendant’s side of the story.

However, within 14 days of the temporary protective order issuance, a hearing is held to determine if the protective order should be made permanent. This is separate from any criminal charges faced by the defendant.

Common Terms of Protective Orders in Illinois

The terms of protective order depend on the situation, but common terms include:

• The defendant must stay a certain distance away from the alleged victim
• The defendant may not contact the alleged victim, whether directly or through mutual acquaintances
• If the defendant and alleged victim live together, the defendant will be prohibited from entering the shared domicile
• If the defendant and alleged victim have minor children, temporary revocation of custody or visitation rights
• The defendant is required to pay child support
• The defendant is prohibited from possessing a firearm, and all firearms in the defendant’s possession must be temporarily relinquished

An Illinois Domestic Assault Attorney Can Help You Act Quickly

While a hearing gives you the opportunity to tell your side of the story, it requires immediate action, as the time to develop a good defense is very limited.

So if you are facing any domestic battery charges at all, or think that you could be accused of domestic assault, mitigate the situation by reaching out to an experienced Illinois defense attorney fast

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

That said, Illinois law does charge episodes of assault and battery separately from domestic violence. Additionally, domestic assault convictions usually carry more severe criminal consequences, and are met with a host of civil consequences that could affect many aspects of your daily life.

So, where exactly does Illinois draw the line between the two crimes? Below, we’re going to cover how Illinois distinguishes simple assault from domestic assault, and the criminal and civil consequences associated with domestic violence.

Illinois Domestic Violence Act

Assault and domestic assault comprise the same physical act of inflicting or threatening bodily harm to another. The difference between these two offenses is fairly simple and straightforward — it solely depends on the defendant’s relationship with the alleged victim.

The Illinois Domestic Violence Act covers violence that occurs within many types of intimate and family relationships:

• Spouse or former spouse
• Current or former dating relationship
• Parent or stepparent and child
• Parents who have a child together
• People related by blood through a child
• Blood relatives
• Current or former roommates
• Caregiver and disabled elderly adult

Under this Act, violence committed within any of these relationships is considered domestic violence. If none of these relationships exist between victim and alleged perpetrator, then the charge is more likely to be simple assault.

Let’s take a look at actual domestic violence charges in more specific detail.

Illinois Domestic Battery

Domestic battery is a Class A misdemeanor punishable by up to 12 months in jail, probation, fines and possible counseling.

When certain circumstances are met, however, domestic battery charges may be elevated to a Class 4 Felony punishable by 1-3 years in prison. Factors that lead to these more severe charges include:

• Having prior domestic battery convictions
• Using a firearm during the commission of the crime
• Presence of a child at the time of battery
• Involvement of sexual assault

The presence of these factors does not, however, signify aggravated domestic battery. Aggravating factors are separate from what has been outlined above.

Illinois Aggravated Domestic Battery

Aggravated domestic battery occurs when:

• The defendant caused great bodily harm to the victim
• The offense resulted in permanent disability or disfigurement of the victim

Aggravated domestic battery is a Class 2 Felony punishable by 3-7 years in prison. Under some cases, the term can be extended to up to 14 years.

Domestic Violence Civil Penalties

Although the criminal consequences of domestic violence are already severe, the civil consequences are a completely separate matter, and often have profound effects on defendants’ lives.

Protective Orders

Before charges are ever even brought against you, simply being accused of domestic violence will most likely land a protective order against you. This order requires you to stay away from the alleged victim.

This means that if you live together, you’ll be required to leave your home. If you’re convicted, the protective order will most likely be extended.

Firearm Possession

This type of crime also affects your right to bear arms. A domestic battery conviction automatically prohibits you from owning or possessing a firearm.

If you have been charged, you’ll be forced to give up any guns you own, and if convicted, you won’t be able to get them back.

Child Custody

Child custody and visitation are always determined by what the court considers to be in the best interest of the child.

A domestic violence conviction is therefore likely to reduce contact with your children, or potentially result in the complete loss of child custody and/or visitation.

Treatment Programs

In an effort to help rehabilitate offenders, those convicted of domestic violence are often required to complete (and pay for) domestic violence or anger management treatment programs. These programs take up a lot of time, and can also be very costly.

Clearly, a domestic assault conviction has many repercussions, including jail time and far-reaching civil consequences.

However, a charge does not equate to a conviction. Be proactive to fight back and beat any domestic violence charges against you.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.