Category Archives: domestic battery

WHAT DOES IT MEAN TO “SHARE A COMMON DWELLING” UNDER ILLINOIS DOMESTIC BATTERY LAW?

Under 720 ILCS 5/12-3.3, you commit aggravated domestic battery if you knowingly cause great bodily harm, permanent disability or disfigurement or if you strangle someone while committing a domestic battery. Domestic battery means that you caused harm to a family … Continue reading

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WHAT IS AGGRAVATED DOMESTIC BATTERY IN ILLINOIS?

Under 720 ILCS 5/12-3.3, you commit aggravated domestic battery if you knowingly cause great bodily harm, permanent disability or disfigurement or if you strangle someone while committing a domestic battery. Domestic battery means that you caused harm to a family … Continue reading

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DO ILLINOIS POLICE HAVE TO ARREST ME IF THEY SUSPECT I COMMITTED DOMESTIC BATTERY?

Although some states require an officer to make an arrest, Illinois does not. Under Illinois law, whenever an officer has reason to believe that you have abused, neglected, or exploited a family or household member, the officer shall immediately use … Continue reading

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CAN I BE CONVICTED OF DOMESTIC BATTERY BECAISE A THIRD PARTY WAS OFFENDED BY MY CONDUCT?

Not necessarily. A recent Illinois case has clarified that your physical contact must be insulting or provoking to the victim, not a third party. Under 720 ILCS 5/12-3.2, you commit domestic battery if you knowingly without legal justification by any … Continue reading

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IS IT REALLY A RELATIONSHIP UNDER ILLINOIS DOMESTIC BATTERY LAW?

If you have been charged with domestic battery, the prosecution must still prove all the elements of your offense beyond a reasonable doubt. Under one definition, the state must prove you were in a dating relationship. But how much of … Continue reading

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WHAT IS A DATING RELATIONSHIP UNDER ILLINOIS DOMESTIC BATTERY LAW

You recently got into a fistfight with your ex-significant other. The police arrived and now you have been charged with domestic battery. But your relationship ended some time ago. Is it still domestic battery? The answer is yes. A recent … Continue reading

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CAN PAST ACTS OF DOMESTIC VIOLENCE BE USED AS EVIDENCE IN ILLINOIS?

The state cannot generally use your past bad acts to prove that you have bad character and thus are more likely to commit a crime. Illinois law, however, specifically allows evidence of past domestic violence to be used under certain … Continue reading

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WHO IS A HOUSEHOLD MEMBER UNDER ILLINOIS DOMESTIC BATTERY LAW

In Illinois, the offense of domestic battery requires that you have caused bodily harm or made insulting or provoking contact with any family or household member. But what is a family or household member? A blood relative or a spouse … Continue reading

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ILLINOIS TOUGHENS LAW ON DOMESTIC VIOLENCE OFFENDERS

Starting January 1, 2015, Illinois law gives the Court new tools to discourage offenders from violating an order of protection. Known as “Diane’s Law,” the new law enables the court to keep tabs on an offender’s whereabouts through electronic or … Continue reading

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ILLINOIS CRACKS DOWN ON DOMESTIC VIOLENCE OFFENDERS

As of January 1, 2014, those accused of domestic violence could face more severe penalties. A change in Illinois law stiffens the charges against repeat offenders. Domestic battery is defined as knowingly and without legal justification causing bodily harm or … Continue reading

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