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DuPage County, IL Domestic Violence Attorneys

What are Domestic Battery Charges?

Domestic battery or domestic violence is a serious crime that has heavy consequences. Domestic battery charges include physical assault and abuse. Verbal violence by itself does not amount to domestic battery charges. For domestic battery charges to be filed, there should be evidence of bruises, or cuts on the victim. It should also be established that there was a deliberate intention to cause pain to the victim.

Domestic battery charges are an offense that has severe consequences. The determinants of domestic battery charges differ from state to state. While some states declare that domestic violence or battery charges would include members of the immediate family like elderly parents, spouse and children, other states expand the bracket to girlfriend/boyfriend and other close relations living in the same house.

dupage county domestic battery attorney

The Victim

To prove domestic battery charges, the victim must have recent evidence of violence and pain inflicted on him.

Some injuries are internal and may not be visible immediately. They appear later. The attorney should be briefed about this. The case also becomes weaker, if the charges are filed much after the injury has occurred.

The Defendant

Domestic battery cases are filed falsely sometimes. Identifying the loopholes may help, to prove it a false case.

To acknowledge the injuries, but prove logically that they were caused by something or someone else is a form of defense called alternative causation.

Negation of intent states that the defendant has caused the injuries, but completely unintentionally. It was an accident.

Completely denying the allegations proves counter-productive and can strengthen the case against the defendant.

It is imperative to understand that domestic battery punishments are at most times, more severe than regular battery charges. Hence, one of the primary ways to mitigate punishment is to bring under the scanner the relationship shared between the alleged accused and victim.

Consequences of Domestic Battery Charges
  • First time basic charges will lead to probation and up to two years in jail.
  • Second time conviction charges will range from probation to ten years in prison.
  • If a weapon or strangulation is involved, it results in aggravated domestic battery charge, and can lead to fifty years of punishment or more.
  • A domestic battery conviction makes it difficult to seek employment, rent units and even reside in the United States of America, if you are an immigrant. A convict who is not a U.S. citizen could be deported.