Domestic Violence Crimes FAQ

In Illinois, the decision to file, pursue, reduce, or dismiss criminal charges belongs exclusively to the State's Attorney's Office. All criminal cases are prosecuted in the name of the People of the State of Illinois, not on behalf of an individual complainant. While the alleged victim is often an important witness, they do not have the legal authority to decide whether a criminal case continues or is dismissed.

Alleged victims of domestic violence have important rights under Illinois law, including the right to receive notice of court proceedings, to be heard at certain stages of the case, and to be informed of proposed plea agreements. Prosecutors often consider the alleged victim's wishes when making decisions about the case, but they are not required to follow those wishes. Even if the alleged victim asks that the charges be dismissed or refuses to cooperate, the State may decide to continue the prosecution. In some cases, the prosecutor may subpoena the alleged victim and require them to testify in court.

The State may also proceed with what is commonly referred to as an evidence-based prosecution. Rather than relying solely on the alleged victim's testimony, prosecutors may present other evidence, including body camera footage, 911 recordings, photographs, medical records, text messages, witness testimony, admissions made by the accused, or other admissible evidence. As a result, it is possible for the State to obtain a conviction even if the alleged victim does not testify or no longer wishes to pursue the case.

Because domestic violence cases often continue even when the alleged victim wants the charges dropped, it is important to speak with an attorney as early as possible. RC Dame Law offers free consultations to review the evidence, explain your legal options, and develop a strategy tailored to your circumstances.

After you are arrested, law enforcement officers will transport you to the local police station for processing. Processing generally includes photographing, fingerprinting, preparing charging documents, and completing other booking procedures. Officers may also attempt to question you about the allegations before or after processing. In most situations, it is in your best interest to politely exercise your right to remain silent and request an attorney before answering any questions.

Once processing is complete, you will remain in custody until you appear before a judge at First Appearance Court (formerly known as Bond Court). Because Domestic Battery is a detainable offense under Illinois law, the State's Attorney will decide whether to seek your detention pending trial or request that you be released subject to conditions.

If the State seeks detention, the court will conduct a detention hearing where the prosecutor must show that you are eligible for detention under Illinois law and that detention is necessary to protect the community or one or more specific persons, or to prevent a willful flight from prosecution. This hearing is not a determination of guilt or innocence. Instead, the judge will decide whether you should remain in custody while your case is pending.

If the judge denies the State's request for detention, you will be released subject to conditions set by the court. Those conditions often include restrictions on contacting the alleged victim, compliance with an Order of Protection or other protective orders, GPS monitoring, home confinement, curfews, or other conditions the judge believes are necessary to ensure public safety and compliance with the court's orders.

After First Appearance Court, your case will continue through the normal criminal process, including the exchange of discovery, pretrial hearings, plea negotiations when appropriate, and, if necessary, a trial.

The decisions made immediately after a domestic battery arrest can have a significant impact on the outcome of your case. RC Dame Law offers free consultations to explain the criminal process, protect your rights, and begin building your defense as early as possible.

If you are charged with a domestic violence offense and live with the alleged victim, you should be prepared to find alternative lodging after your release. The court may prohibit you from returning to the shared residence or having contact with the alleged victim as a condition of your pretrial release.

Illinois law generally requires a person charged with an offense involving a family or household member to refrain from contacting the alleged victim and from entering or remaining at the alleged victim's residence for a minimum of 72 hours following release. The court has authority to modify these restrictions, but you should never assume that you are permitted to return home simply because the alleged victim wants you to return.

After the initial 72-hour period, whether you can return to the residence depends on the specific conditions imposed by the judge. If the alleged victim appears in court and asks that you be permitted to return home, the judge may consider that request, but the alleged victim does not control the conditions of your release. The judge may continue to prohibit contact or prevent you from returning to the residence despite the alleged victim's wishes.

In many domestic violence cases, the accused may be prohibited from returning to the shared residence for a substantial portion—or potentially all—of the case. These restrictions may last even longer if an Order of Protection is entered or if a conviction results in additional restrictions.

Being prohibited from returning home does not necessarily mean that you cannot retrieve your belongings. You can ask the court for an Escort Order, which may permit you to return to the residence with law enforcement to retrieve necessary personal belongings, such as clothing, medication, and work equipment.

If an Escort Order is entered, you must strictly follow its terms. Do not go to the residence on your own, even if the alleged victim tells you that it is okay. Violating a stay-away condition or protective order can result in additional criminal charges and consequences to your pretrial release.

Escort Orders are generally limited in scope and may permit only a single visit. For that reason, you should make sure you retrieve everything authorized by the order during that visit. If another visit becomes necessary, you may need to return to court and request additional permission.

It is extremely important to understand that the alleged victim cannot waive or give you permission to violate a court-ordered no-contact or stay-away condition. Even if the alleged victim calls you, texts you, invites you home, or tells you that they no longer want the restriction, the court order remains in effect. Only the court can modify or remove the condition. You must continue to follow the existing order unless and until the judge changes it. The decision to modify the condition belongs to the judge, not the alleged victim, and violating the condition can result in additional criminal charges and consequences to your pretrial release.

A conviction for a qualifying domestic violence offense will prohibit you from lawfully possessing firearms under federal law. A conviction for domestic battery or aggravated domestic battery will therefore result in the loss of your ability to lawfully possess firearms and will also affect your eligibility to possess a FOID card in Illinois.

Amending a domestic violence charge to a different offense does not necessarily protect your firearm rights. Even if the charge is amended to a non-domestic statute, certain convictions involving violence or findings concerning the domestic nature of the offense may still prohibit firearm possession under state or federal law. Other felony or violent-offense convictions can also independently affect your firearm rights.

If firearm ownership is important to you, you should tell your attorney as early as possible in the case. Your firearm rights can be an important consideration when evaluating plea negotiations and other possible resolutions. Your attorney can advise you about how a proposed disposition may affect your ability to legally own or possess firearms under Illinois and federal law.

You should never assume that you may possess a firearm simply because your criminal case has ended or because the original domestic violence charge was amended to another offense. Before accepting a resolution, you should make sure you understand whether that outcome will affect your firearm rights.

The evidence used by the State depends on what was obtained by police and who witnessed or has information about the alleged incident. There is no “cookie-cutter” domestic violence case, and the available evidence can vary significantly from one case to another. In domestic violence cases, prosecutors commonly rely on police officer testimony, body-worn camera footage, statements and testimony from the alleged victim, 911 recordings, photographs, medical records, text messages, surveillance or cellphone video, admissions by the accused, and testimony from other witnesses. To put it simply, the State will generally attempt to use everything available to prove its case.

The alleged victim's testimony can be some of the most important evidence in a domestic violence prosecution, but the State's case does not necessarily depend on the alleged victim cooperating. Domestic violence prosecutors routinely encounter alleged victims who no longer want to participate in the prosecution, change their account of what happened, or do not want the accused to be convicted. As a result, experienced domestic violence prosecutors have become adept at attempting to prove these cases through the evidence as a whole and at handling reluctant or difficult witnesses.

This makes it particularly important to have an attorney who is experienced in defending domestic violence cases. The defense should evaluate not only what evidence the State possesses, but also whether that evidence is admissible, whether witnesses are credible, whether statements are consistent with the physical evidence, and whether the State can actually prove its case beyond a reasonable doubt. Many courthouses and prosecutors' offices have attorneys and courtrooms dedicated specifically to domestic violence cases. If the State approaches these cases with specialized prosecutors, it is in your best interest to have a defense attorney who approaches them with the same level of experience and focus.

An injury is not required to be convicted of domestic battery in Illinois. Domestic battery can be committed by knowingly causing bodily harm to a family or household member, but it can also be committed by making physical contact of an insulting or provoking nature. This means that conduct such as grabbing or holding onto someone, shoving, spitting on someone, or striking someone with a non-lethal object that does not cause physical injury may constitute domestic battery even when the alleged victim suffers no physical injury.

The absence of an injury does not mean that the State will dismiss or otherwise disregard the case. While the existence and severity of injuries may affect how a case is charged, prosecuted, negotiated, or ultimately sentenced, a person can still be arrested, prosecuted, and convicted of domestic battery when no injury occurred. Depending on the circumstances and a person's criminal history, conduct that does not result in an injury may still lead to serious misdemeanor or felony charges.

Many people accused of domestic battery do not realize that their alleged actions could legally constitute a battery because they did not punch, strike, or injure anyone. The legal definition of battery is broader than simply causing an injury. An experienced domestic violence defense attorney can evaluate the specific allegations and evidence, determine whether the State can prove the required elements, and identify facts that may be important to defending or mitigating the case.

Self-defense and defense of others can be valid defenses to battery or domestic battery charges in Illinois. Self-defense is considered an “affirmative defense.” Rather than simply arguing that the alleged physical contact never occurred, the defense asserts that the use of force was legally justified under the circumstances, such as when force was reasonably necessary to defend yourself or another person against the imminent use of unlawful force.

It is important to consult with an experienced attorney before asserting self-defense. You should not attempt to argue your self-defense claim yourself during routine court appearances or make statements about what happened without first consulting your attorney. Your attorney should review the evidence and determine whether, when, and how self-defense should be raised. In many cases, the ultimate presentation of a self-defense claim occurs at trial.

It is also important to understand that asserting self-defense does not shift the ultimate burden of proof to you. The State always bears the burden of proving you guilty beyond a reasonable doubt. Once sufficient evidence has been presented to raise self-defense, the State must also prove beyond a reasonable doubt that your use of force was not legally justified.

Self-defense can, however, significantly affect the strategy of your case. By asserting self-defense, the defense may acknowledge that some physical contact occurred while arguing that the conduct was legally justified. Depending on the evidence, presenting that defense may involve testimony from you, the alleged victim, other witnesses, video recordings, photographs, medical evidence, or other evidence concerning what happened. A defendant does not necessarily have to testify personally in order to raise self-defense.

Always consult with an experienced trial attorney before deciding whether to pursue an affirmative defense. Your attorney should evaluate the evidence as a whole, including who initiated the confrontation, the nature and degree of force allegedly used, injuries, witness statements, recordings, and the surrounding circumstances, before determining whether self-defense is the strongest strategy for your case.

The State has the burden of proving you guilty beyond a reasonable doubt. The fact that someone has accused you of domestic violence does not mean that you are guilty. However, it is important to understand that the testimony of a single witness can be sufficient to support a conviction if the judge or jury finds that testimony credible and sufficient to prove the charge beyond a reasonable doubt.

Typically, the State will not dismiss a domestic violence case simply because the accused denies the allegations, particularly at the beginning of the case. Prosecutors will generally review the available evidence, which may include body-worn camera footage, 911 recordings, photographs, medical records, text messages, witness statements, and other evidence. While dismissal is not guaranteed, if the evidence convinces the prosecution that the allegations cannot be proven or should not be prosecuted, the State may dismiss the charges.

When allegations are false, an important part of the defense is identifying evidence that challenges the accusation. This can include inconsistent statements, contradictions between the allegations and physical evidence, video or audio recordings, text messages, witness testimony, evidence concerning a potential motive to fabricate, or other information that calls the credibility of the allegations into question.

It is also important to understand that the alleged victim does not decide whether the prosecution continues or whether the charges are dismissed. If the alleged victim continues to stand by the allegations, prosecutors may choose to proceed to trial and allow the judge or jury to determine whether the allegations have been proven beyond a reasonable doubt.

An experienced domestic violence defense attorney can evaluate the evidence, identify weaknesses in the State's case, and advise you about the risks and potential outcomes of proceeding to trial. Your attorney can recommend whether accepting a negotiated resolution or proceeding to trial is in your best interest, but the ultimate decision whether to plead guilty or proceed to trial belongs to you.

Illinois law prohibits the ordinary expungement or sealing of a domestic battery conviction. This can also apply when a domestic battery charge is reduced to simple battery if the conviction involves a family or household member. Once a conviction is entered for one of these offenses, it will remain on your criminal record and is not eligible for ordinary expungement or sealing.

If the domestic battery charge is dismissed or you are found not guilty, you may be eligible to have the record of the arrest and charges expunged. This can significantly reduce the long-term impact of having been arrested and charged with domestic battery.

The permanent consequences of a domestic battery conviction are an important consideration when evaluating any proposed resolution of your case. A plea that resolves your immediate criminal case can still have consequences that follow you for years afterward. It is important to consult with an experienced criminal defense attorney who can explain how a proposed resolution may affect your criminal record, employment, firearm rights, professional licensing, and other aspects of your life before you decide how to proceed.

It depends on the conditions of your pretrial release. Standard pretrial release conditions do not typically prohibit travel as long as you continue to appear at all required court dates and comply with the other conditions imposed by the court.

However, the court may impose additional conditions that restrict your movement, including geographic travel restrictions, curfews, home confinement (house arrest), GPS monitoring, or other limitations. If your release conditions restrict your movement, you may need permission from the court before traveling outside the permitted area. You should consult with your attorney and, when necessary, seek permission or clarification from the court before making travel arrangements.

Courts may be more receptive to travel requests involving legitimate medical, employment, or family needs, but travel for vacations or other personal reasons may also be permitted. Whether permission is granted will depend on the circumstances of the case, the conditions of your release, the purpose and length of the proposed travel, and whether the travel will interfere with court proceedings. Extended or international travel may receive greater scrutiny and may require additional approval from the court.

Never assume that you are permitted to travel simply because your next court date is several weeks or months away. Review the terms of your pretrial release and consult with your attorney if you are uncertain about any restrictions. If court approval is required, obtain that approval before leaving the permitted area. Violating your release conditions can result in additional restrictions, revocation of your pretrial release, or other consequences.

Not for a domestic battery charge. Domestic battery is not eligible for court supervision in Illinois. However, other charges that sometimes arise from domestic disputes, such as Violation of an Order of Protection, Criminal Damage to Property, or Criminal Trespass, may be eligible for supervision depending on the specific charge and circumstances. Even when supervision is legally available, the court is not required to impose it.

Court supervision generally allows the court to withhold entering a judgment of conviction while you complete a specified period of supervision and comply with conditions imposed by the court. If you successfully complete supervision, the case generally concludes without a judgment of conviction. If you violate the conditions of supervision, however, the court may revoke the supervision, enter a conviction, and impose another sentence.

It is also important to understand that supervision does not necessarily eliminate every consequence of pleading guilty or being found guilty. Depending on the offense and circumstances, a disposition involving supervision may still affect firearm rights, immigration status, professional licensing, employment, public benefits, or how the disposition is considered in future legal proceedings. These consequences can be particularly important when the underlying offense involves violence or a domestic relationship.

You should always consult with an experienced criminal defense attorney before accepting an offer involving court supervision. Your attorney can explain whether supervision is legally available, the conditions you would be required to follow, the potential collateral consequences, and whether another method of resolving the case may better protect your interests.

If an Order of Protection is entered against you, you are legally required to comply with every term of the Order. The specific terms, sometimes referred to as “remedies,” vary from case to case and can significantly restrict your contact with certain people, access to your home or other locations, and use of shared property.

Being the respondent of an Order of Protection will also affect your firearm rights. In Illinois, you cannot possess a valid FOID card while you are subject to an Order of Protection and you cannot lawfully possess firearms. You may also be required to surrender your FOID card, Concealed Carry License, and firearms in accordance with Illinois law.

Violating an Order of Protection can result in a new criminal charge. The protected person cannot give you permission to violate the Order. Even if they contact you, invite you somewhere, or tell you that they no longer want the restrictions, you must continue to follow the Order until it is modified or terminated by the court.

Orders of Protection can involve numerous additional restrictions and consequences. For more information about how Orders of Protection work, the different types of Orders, and how they can be challenged or modified, please review our Order of Protection FAQ.