As per law, any violence between spouses, stepchildren, parents, co-parents, ex-spouses, blood relatives, or extended family can be deemed domestic violence. 

If a spouse or family member exhibits any violent or abusive behavior following a pattern of threats or even assault, it could be deemed domestic violence. Most domestic violence cases are reported when there is any violence between the spouses or people involved in a relationship. 

While states might have their own outlook on the issue, in Illinois, a case can be deemed an aggravated domestic battery case if the person harms another person knowing that it would cause injury to them. Even strangulation is considered aggravated domestic battery in Illinois. 

If you or anyone you know is dealing with domestic violence, you must read more on the topic before seeking consultation from an experienced lawyer.  

Here are some things about domestic violence you need to know. 

• What is a domestic battery?

An incident can be termed as a domestic battery when the aggressor makes physical contact with another person to harm them in any way. To be deemed domestic battery, the action must be done in a provocative, anger-induced, or insulting way. 

The first domestic battery charge is considered a Class A misdemeanor, wherein the guilty person might be sentenced to a maximum jail time of a year with a $2500 fine. 

On the other hand, if there are any prior records of violent crimes against their family, they might be charged with a Class 4 felony wherein the maximum jail sentence can go up to 6 years with a fine of 25,000 dollars. 

• What is an Aggravated domestic battery?

The main difference is that when the person committing the battery causes some bodily injury or disability to the other person, it can be deemed aggravated domestic battery. 

Moreover, even if the person does not cause immense bodily injury but only strangles the victim intending to block their air passages, then they might be charged with an aggravated domestic battery charge as well. 

An aggravated domestic battery is considered a Class 2 Felony in the state of Illinois, and if found guilty, they might face up to sixty days of incineration. On the other hand, if the guilty person has a prior offense for the same charge, the judge can sentence them to imprisonment for more than three years. 

• Is interfering with the reporting of the incident a crime?

Yes, interfering or pressuring a person from lodging a complaint is a crime. You can not take away a person’s right to reach out to the right authorities. In this case, coercing, interfering, or blackmailing a person might attract an additional Class A misdemeanor charge. 

So, if you think you are being falsely accused of domestic violence, then you must reach out to an experienced defense attorney rather than taking things into your hands. An attorney might help you deal with the charges better. When you interfere with the accuser, then you might incriminate yourself. 

• Can the victim file for protection?

Yes, the victim can submit a petition to seek protection from the abuser or their family. In this case, the other person will have a chance to present their case to the court. 

These protective orders are issued to safeguard a person and provide assurance. 

• What if the orders are violated?

A person will violate the court order if they engage in any kind of harassment or obstruct the petitioner’s liberty. 

The protective order is also violated if the perpetrator tries to obstruct or intimidate the petitioner in any way, such as following them around or showing up at their place of work unannounced. Possession of firearms will also be considered a violation of the protective order in Illinois. 

In such a case, the alleged abuser might be charged with another count of Class A misdemeanor. However, if they have any kind of priors pertaining to domestic violence crime, they can even be charged with a Class 4 felony. 

These are some important things that you must know regarding violent household crimes. If you or anyone around is facing domestic violence charges, it is important to get in touch with an experienced criminal defense attorney in Chicago. 

An attorney will be able to evaluate your case and advise you on the next steps. If you are not guilty, the attorney will fight to prove that in court, but if you are, the attorney may try to use their experience and contacts to negotiate a plea deal involving a reduced sentence.