Domestic Offenses

What happens on a second offense of domestic battery in Illinois?

August 18, 2022
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NOTE: The article below contains additional information to clarify the importance of Public Act 101-651. This Act took effect on August 7, 2020 and expanded the circumstances under which an offender may face charges for aggravated battery, which can serve as a prior conviction for the purposes of domestic battery charges. A second offense for […]

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How do I get an order of protection against someone in Illinois?

June 14, 2022
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This article explains the process in Illinois of applying for a plenary order of protection, which is a two-year order prohibiting contact between family or household members.

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Misdemeanor convictions that cannot be sealed: crimes of violence

April 14, 2022
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NOTE: This page has new content to clarify the recent impact of Public Act 101-223 (effective January 1, 2020) and Public Act 101-651 (effective August 7, 2020). These Acts adjusted the Illinois approach to standard and aggravated domestic battery offenses, including the possibility of a felony charge. A person convicted of a misdemeanor can have […]

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Stalking No Contact Order Illinois

December 13, 2021
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NOTE: The article below was refreshed to underline several important changes to stalking no contact orders in Illinois that occurred on January 1, 2019. That is when Public Act 100-1000 took effect and modified the definition of contact with a victim to specifically provide for workplaces, schools, and places of worship. Illinois Law Illinois law […]

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Can the victim make the State drop charges in a domestic battery case?

August 20, 2021
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NOTE: This article has updated material to explain the impact of Public Act 101-223 (effective January 1, 2020) and Public Act 101-651 (effective August 7, 2020). Once these acts became law in Illinois, certain rules changed concerning aggravated battery offenses. Many people believe that if they are the victim of a domestic violence incident, they […]

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

July 22, 2021
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NOTE: The content below has been refreshed to account for the passage of Public Act 100-0987. When this Act took effect on July 1, 2019, there were subtle changes to the penalties for violating an order of protection in Illinois. Any person who violates an order of protection in Illinois will likely face Class A […]

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Having contact with victim in domestic battery is a crime

July 15, 2021
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NOTE: This page includes new information to account for the passage of Public Act 101-223 (effective January 1, 2020) and Public Act 101-651 (effective August 7, 2020). Since the aforementioned effective dates, Illinois law features new conditions for aggravated battery, which can be considered a previous conviction in domestic battery cases. Domestic battery arrest After […]

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Truth-in-sentencing: defendants must serve more than 50% of the sentence imposed

July 1, 2021
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NOTE: The article below includes updated material to explore how Public Act 101-440 impacted truth-in-sentencing laws in Illinois. After an effective date of January 1, 2020, this Act opened a new avenue to sentence credit for eligible inmates. Defendants in felony cases are subject to special rules for their criminal sentence. Compared to misdemeanor sentencing, […]

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Two types of domestic battery and penalties

June 25, 2021
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NOTE: This article features additional content to account for changes to Illinois law after passage of Public Act 101-0130. Since this Act became effective in 2019, there is no longer a statute of limitations for criminal sexual abuse or criminal sexual abuse, which has potentially serious implications in the context of domestic battery cases. Illinois […]

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An Explanation of Illinois Sex Crimes

May 12, 2021
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NOTE: The following information was updated to account for various amendments to sex crimes under the Illinois Criminal Code in 2019. More specifically, Public Act 101-0130 eliminated the statute of limitations for prosecuting major sex crimes in Illinois, including the regular and aggravated versions of criminal sexual assault and criminal sexual abuse. The accusation of […]

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