Domestic Battery is one of the hardest crimes to deal with. Emotions run
especially deep in this sort of offense. Typically, there are other underlying
issues in the family structure that must be dealt with and the actual crime is
only a minor part of a much larger problem. Some of the underlying
problems can include alcohol or substance abuse problems, anger
management problems, or marital problems. These problems need to be
addresses in conjunction to the actual criminal offense. Without addressing
these problems, the likelihood of reoffending increases. Our office can assist
you or your loved one with addressing these underlying problems by
referring you to professionals in this area. Your goals are our goals. If you
do not want to work it out or do not think that working it out is a viable
option, then we can assist you in any divorce action.
Once arrested for domestic battery, except in rare cases, you are placed
in jail with no bond. The purpose for that is to give the parties a mandatory
cooling down period. The bond will be set in front of a judge, typically
within 48 hours. Obviously, if you get arrested on the Friday before a
Monday holiday, you can expect a long sit behind bars before a bond is
At a bond hearing in front of a judge, the judge will consider all the
evidence in setting your bond. Usually some money will need to be posted to
get out of jail. The bond hearing is not the best time to start going into detail
about your case. Everything you say can and will be used against you if the
case goes to trial.
Once you bond out of jail, the judge typically orders no contact between
you and the alleged victim. Often that means you cannot go home. This ‘no
contact’ order can last for as long as the judge says. No contact means no
contact. Contact through a third party may be considered contact. If the
prosecutor or judge learns of contact when a no contact order is in place,
you can be taken back into custody and a new, higher bond or no bond can
be set. More than likely, you will need an attorney in order to return to your
home and / or talk to the alleged victim.
If you have a prior domestic battery conviction, your second offense
can be and often is upgraded to a felony. There are also many possible
repercussions to a guilty plea to Domestic Battery which are always
discussed prior to any of our clients accepting a plea negotiation. Court
Supervision is not an option to someone charged with Domestic Battery. It is
important to get a lawyer on your side as soon as possible to help sort out
this very complex type of case.
CALL (815) 963-6330 for a free initial consultation.
If you are a victim of Domestic Battery, Click here
For More Domestic Battery Information Click here
A Battery can be charged two different ways. The first is a very low
standard which is "any insulting or provoking contact to another person."
That means exactly what it sounds like. Any contact made to an alleged
victim in which the alleged victim feels insulted or provoked is a battery in
the State of Illinois. The threshold of what is insulting or provoking is up to
the trier of fact.
The second type of battery case involved bodily harm. That can mean a
small bruise or scratch. This type of battery case means that if there is a jail
sentence imposed in this case, you will do the number of days you are
sentenced to without getting day for day credit. If Jail is not given, anger
management classes are almost always ordered in these cases. Those classes
can take up to a year to complete.
The information you obtain on this website is not, nor is it intended to
be, legal advice. You should consult an attorney for individual advice
regarding your own situation.
(c) 2014 Brian Morgan
Brian Morgan represents clients accused of Felony, Misdemeanor and traffic
offenses including drug, cannabis, cocaine, heroin, DUI, aggravated DUI, driving
under the influence of alcohol, aggravated driving under the influence of alcohol,
dws, driving while suspended, speeding, leaving the scene of a property or personal
injury accident, domestic battery, aggravated domestic battery, battery, UUW,
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theft, felony retail theft, disorderly conduct, criminal sexual abuse, violation of an
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invasion, armed robbery, class x felony, and all other criminal offenses.
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