domestic battery

Misdemeanor convictions that cannot be sealed: crimes of violence

November 23, 2012
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A person who is found guilty of a misdemeanor can have his record expunged in most circumstances. Most misdemeanors allow the court to impose a term of supervision if the defendant has no criminal history. Supervision is not a conviction, and it can be expunged. A conviction, however, cannot be expunged. It can only be [...]

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Procedure for stalking no contact order in Illinois

May 31, 2012
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Illinois courts have a new law that allows an individual to seek a restraining order against another. In 2010, state lawmakers in Springfield passed a bill creating a stalking no contact order. The restraining order that is available under this statute differs from an order of protection and a sexual assault civil no contact order. [...]

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Two types of domestic battery and penalties

September 13, 2011
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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
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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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Contempt of court: summary of Illinois law

May 1, 2011
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Every court of law has the inherent power to punish the parties that appear before it from misuse or abuse of legal process. In Illinois, the court has the authority to sentence those people to imprisonment. There are two types of contempt of court recognized under Illinois law. First, a person can be guilty of [...]

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

April 2, 2011
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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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Can the victim make the State drop charges in a domestic battery case?

February 3, 2011
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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 [...]

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Choking or strangling a person during domestic battery is now a felony in Illinois

May 22, 2010
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Domestic battery is perhaps the most common criminal charge in the Illinois court system. The volume of domestic battery cases is so high that many county courthouses have a courtroom assigned specifically to handle theses cases. Accusations of domestic violence are frequently made in divorce and child custody disputes. Domestic battery is different from other [...]

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

May 6, 2010
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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. [...]

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What is the legal definition of great bodily harm?

April 25, 2010
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If a person causes great bodily harm to another while committing a criminal offense, the charge is usually a felony. What is the definition of great bodily harm? The Illinois Criminal Code of 1961 does not specify which injuries constitute great bodily harm. The question is for the jury to decide. When defendants have been [...]

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