Can Domestic Battery Charges Prevent Contact With Children?
It wouldn’t automatically do that. By law, a person charged with domestic battery has to stay away from the complainant or the alleged victim for 72 hours. The judge can also order, as a condition of bond, for the defendant to stay away from that person and other people, including children. Also, if there is an order of protection that could also protect children; even if they were not alleged victims of domestic violence that order of protection could require the defendant to stay away from them if the judge determined that they were at risk of being harmed.
Does An Alleged Victim Actually Have To Show Injury For A Charge To Be Made?
No. Injuries are not required for any type of domestic battery, felony or misdemeanor. Physical contact of an insulting or provoking nature is enough to sustain a misdemeanor charge, and allegations of strangulation is enough to support a felony charge. Physical injuries are not required, mere allegations of some type of physical contact is enough for charges to be made, even without physical evidence or marks.
What Are The Common Mistakes Detrimental To A Domestic Battery Case?
The biggest mistake a person, who is under investigation for domestic battery can make, is providing a statement to the police or telling their side of the story. Police are under a lot of pressure to make domestic battery arrests, and so generally, if they get a call that there is a domestic violence situation, someone is going to be arrested. You can’t talk your way out of it. Not to mention, you can’t really count on the police to accurately report what you told them.
Basically, no good can come from talking to the police and telling your side of the story, no matter what they tell you. Frequently, police will call people, who are under investigation for domestic battery, and say that they need to hear their side of the story in order to complete the investigation. That’s not true. They do not need to hear your side of the story; they want it because they are hoping you will incriminate yourself and that will make their case stronger against you. But like on the TV or in the movies, you have the right to remain silent, and anything you say can will be used against you, so I suggest that you don’t say anything.
What Are The Potential Penalties Associated With A Domestic Battery Conviction In Illinois?
Generally, a first offense for a domestic battery is going to be a Class A misdemeanor, which carries a maximum of 364 days in jail and a maximum $2,500 fine, but it will result in a mandatory conviction on their permanent record. Domestic battery, as a misdemeanor, is not eligible for court supervision. Court supervision is a special type of probation that would not go on your permanent record as a conviction and would be expungeable. Domestic battery is not eligible for that. If you are found guilty or plead guilty to domestic battery, it will probably be on your record forever, unless they change the law, or you are pardoned by the Governor.
A second offense of misdemeanor domestic battery can be upgraded to a Class 4 felony, which carries from probation to up to one to three years in prison, and that has a mandatory 72 hour jail sentence. Felony aggravated domestic battery is a Class 2 felony from probation up to three to seven years in prison, and it carries a mandatory 60 days in jail upon conviction.
Is The State’s Attorney or the Prosecutor Going To Use Prior Arrests or Convictions In A Domestic Violence Case?
No. Evidence of prior records or prior arrests is generally inadmissible at trial. There are some circumstances where it would be admissible, for example, if the prior conviction is an element of the offense. Let’s say someone has a prior misdemeanor conviction for domestic battery, and now they have been charged with felony domestic battery based on a prior conviction: that prior conviction would be admissible at trial. If the defendant testifies, potentially any criminal convictions could be presented to impeach that person. But generally, a person’s criminal history is inadmissible. A prior domestic battery conviction would also be considered as an aggravating circumstance at sentencing.
Do You Recommend Pre-Trial Counselling For Domestic Battery Defendants?
If somebody feels they need help or any type of counseling or psychological treatment, then I would recommend that they get it and be evaluated by a professional to determine whether they need it. As far as whether it would help in the case, that type of evidence would be inadmissible at trial. It wouldn’t help a case where an individual is going to trial on domestic battery charges. It could possibly help in the event that we are negotiating with the prosecutor to reach a plea agreement. In a situation where we were trying to work out a deal before trial that could potentially be helpful or relevant, but I would encourage someone to consult with a lawyer before they start doing any of that.
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