Domestic Battery

There are many misconceptions about what constitutes domestic battery, however the legal definition is quite specific. Domestic battery is the intentional or knowingly without legal justification by any means causing bodily harm or making physical contact of an insulting or provoking nature. There must be a certain type of relationship between the alleged victim and the accused.

Unlike other misdemeanors where you can post bond at a police station, in a domestic battery case you must appear before a Judge in court, unless a warrant has previously been issued and a Judge has set bond. In a domestic battery arrest, the accused is held in custody in a police station overnight and is then taken to court. At the bond hearing, special conditions of bond are traditional set and the accused is put out of their joint residence for at least 72 hours, with no contact with the alleged victim for that same time period or until further order of Court. In addition, the alleged victim may seek an Emergency Order of Protection which forces the accused to have limited contact with the protected parties and may cause the accused to vacate their home, apartment/ residence.

An Order of Protection should not be taken lightly. Having an Order of Protection against you will cause a permanent record, can subject you to additional prosecution if you violate it . Other negative consequence such as denial into another country (e.g. Canada) and even preclude you from getting a Firearms Owners Identification Card, thus stopping you from legally owning a weapon / gun or hunting rifle in Illinois.