Domestic Offenses

Two types of domestic battery and penalties

September 13, 2011

The law in Illinois provides that there are two types of domestic battery offenses. First, a person can be charged with domestic battery for causing bodily harm to any family or household member. Second, a person can also be charged with domestic battery for making contact of an insulting and provoking nature with any family [...]

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Having contact with victim in domestic battery is a crime

August 15, 2011

After an arrest for domestic battery, typically the police will release the offender upon payment of a small bond or signing a recognizance bond. The bond sheet is been provided to the person along with his other property. However, in some counties, the police will bring the person who was arrested before a judge for [...]

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New Illinois law criminalizes parents who leave children with sex offenders

April 29, 2011

Illinois lawmakers made a new criminal offense concerning sex offenders in 2011. Effective on January 1, 2011, the new law prohibits parents from leaving their children unattended with a child sex offender.
The new law is found in the criminal code at 720 ILCS 5/12-21.6-5. The statute says that it is a Class A misdemeanor offense [...]

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Why was I arrested for domestic battery when the victim refused to sign a complaint?

April 2, 2011

All too often a person involved in a hostile confrontation in a domestic relationship will call the police without knowing the serious legal consequences that follow. Usually the person dialing 911 does not intend to have anyone arrested. The person’s motive is usually to calm the situation. But unfortunately, once the 911 call is made, [...]

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Decision of victim to press charges in an Illinois domestic violence case

February 3, 2011

Many people believe that if they are the victim of a domestic violence incident, they can choose whether to press charges. During the course of a domestic altercation, they call 911 wanting the police to show up and calm the situation. In many instances, they do not want the defendant to be arrested.
But once the [...]

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Will I lose my FOID card because of an order of protection?

May 6, 2010

A new law became effective in Illinois on January 1, 2010 concerning the right to possess firearms when subject to an order of protection. The new law provides that the Illinois State Police shall revoke the Firearm Owner’s Identification (FOID) card of a person who is named as a respondent in an order of protection.
An [...]

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Can a child get an order of protection against a parent in Illinois?

March 6, 2010

Children may seek an order of protection against a parent under the Illinois Domestic Violence Act, found at 750 ILCS 60/1 et seq. An order of protection is commonly referred to as a restraining order.
To be entitled to an order of protection, the petitioner must show that he or she has been the victim of [...]

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Illinois State Police can deny Firearm Owner’s Identification Card to persons convicted of domestic offenses

March 6, 2010

Illinois requires all persons who own or purchase firearms to register for a Firearm Owner’s Identification Card (FOID card). It is a criminal offense to possess a weapon without a FOID card.
The firearms owner must submit the application to the Illinois State Police, who will conduct a thorough background check to see if the applicant [...]

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What are the penalties in Illinois for violating an order of protection?

February 21, 2010

Violation of an order of protection is a Class A misdemeanor offense punishable by up to one year in jail and a $2,500 fine. The court may also sentence the defendant to probation, counseling, and community service. Supervision is available for this offense, which means that a first offender [...]

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Can parents in Illinois get charged with domestic battery for striking their children?

February 21, 2010

Domestic battery is a serious criminal offense in Illinois. The first offense is a Class A misdemeanor for which the court can sentence the defendant to up to one year in jail and order the defendant to pay a $2,500 fine.
Also, the minimum sentence for domestic battery is a conviction that cannot be expunged or [...]

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