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Domestic violence laws in the state of Illinois

On Behalf of | Jun 3, 2019 | Domestic Abuse | 0 comments

In Illinois, domestic violence is a serious offense. The state has a legal right to prosecute Illinois residents who commit acts of domestic violence. Illinois has both criminal domestic violence regulations and laws pertaining to civil domestic violence. An act of criminal domestic violence focuses on harming a person by inflicting physical injuries. An act of civil domestic violence focuses on abusing a person in a physical, sexual or emotional manner.

According to the Illinois Domestic Violence Act of 1986, domestic violence includes harming a spouse or ex-spouse, a girlfriend or boyfriend, a parent, a stepparent, a child, a stepchild, some other blood relation, a roommate, a caregiver, a person with a disability or a senior citizen. Battery is an act of physical harm perpetrated upon another individual but may also include making insulting remarks or provoking physical confrontations. A person who is the victim of domestic abuse has the right to apply for a restraining order.

A charge of aggravated domestic battery occurs when an abuser causes serious bodily harm resulting in a permanent disability. In Illinois, domestic violence laws include Class A misdemeanors, which may result in confinement to prison for one year, probation or a fine if convicted. Plus, the defendant may need to attend counseling sessions. A Class 4 felony focuses on a defendant who has committed previous domestic violence with a firearm. A Class 4 felony also includes abusing a child or any act of sexual abuse.

A Class 4 felony charge may result in prison confinement for one to three years. A Class 2 aggravated domestic battery case may result in prison confinement for three to seven years. Domestic violence is a serious offense in Illinois, so any individual facing a domestic battery conviction may want to consult with a criminal law attorney.