The answer is yes. Because the proof required in each case is different.
You commit domestic battery if you knowingly without legal justification by any means: (1) cause bodily harm to any family or householdmember; (2) make physical contact of an insulting or provoking nature with any family or household member. To convict, you the state must prove all the elements of domestic battery beyond a reasonable doubt.
A petition for an order of protection may be filed by or on behalf of a person who has been abused by a family or household member. But here, the rules of civil procedure govern whether proceeding in criminal or civil court. The opposing party or prosecutor need only prove the abuse by preponderance of the evidence (something like 51%).
As a result, there may be enough proof against you for a court to issue an order of protection, but not enough to convict you of domestic battery.
If you are facing either domestic battery or an order of protection, contact an experienced criminal law attorney immediately. An attorney can review your case for your most favorable defense. Does the prosecutor or opposing party have enough evidence to prove abuse? Were you acting in self defense or out of necessity? Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement to the criminal charges or a less damaging alternative to the order of protection.
If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.
Reference: (1) Illinois Domestic Battery Law; (2) Illinois Domestic Violence Act.
(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)
