Are Domestic Violence and Domestic Battery the Same?

 Posted on February 24, 2025 in Domestic Battery

A recent report from the Illinois Coalition Against Domestic Violence found that domestic violence deaths in Illinois rose by 110 percent in 2023, with 94 incidents of domestic violence that led to 120 deaths. Domestic violence is a broad term that encompasses many different behaviors, while domestic battery is a more specific criminal offense. Both offenses are serious and can lead to harsh penalties.  

Certainly, no one is an advocate for domestic violence, but there are instances when the alleged victim may have made up or exaggerated the incident or both parties were equally to blame for the incident. If you are facing charges of domestic violence or domestic battery, you need an experienced Buffalo Grove, IL criminal defense attorney who can build a strong defense on your behalf.  

What is Domestic Violence?

Under 750 IL CS/60, domestic violence charges can only be brought against a spouse, former spouse, parent, child, stepchild, a person you have a child in common with, a person you have previously shared a residence with, or a person you previously dated or were engaged to. Domestic violence charges can also be brought by a disabled individual against his or her caretaker. Domestic violence can include any of the following acts:

• Harassing another, in person, or by phone, text, or social media
• Following or stalking   
• Making threats
• Preventing a person from seeing his or her children
• Hitting, shoving, slapping, kicking, tripping
• Forcing a person to have sex or to do anything else against his or her will
• Preventing a person from leaving
• Preventing a disabled person from getting the care he or she needs
• Forcing a child or other individual to watch any of the above abusive acts

Domestic violence is usually charged as a Class A misdemeanor, punishable by up to a year in jail, a fine as large as $2,500, or probation. Domestic violence charges can be elevated to a Class 4 felony if the person accused has a criminal conviction for a violent offense or if the person has two prior convictions for domestic violence.

What is Domestic Battery?

To be charged with domestic battery, a person must cause actual harm to another family member or household member’s body, make unwelcome physical contact, or act in a manner that is insulting or confrontational. In most cases, physical harm resulted, unlike domestic violence, where there may have been no actual physical harm.

Some of the same acts that fall under domestic violence also apply to domestic battery. These include hitting, slapping, kicking, shoving, intimidating, harassing, or forcing a family member or household member to do something against his or her will.

Depending on the level of injury, domestic battery can be charged as a Class A misdemeanor or a Class 2, 3, or 4 felony. A Class A misdemeanor can result in up to a year in jail and a fine as large as $2,500. A Class 4 felony could be charged when the alleged offender has a prior conviction for a domestic violence-related offense, including aggravated battery, stalking, or violating an Order of Protection.

The penalties for a Class 4 felony include up to three years in prison and a fine as large as $25,000. A class 3 felony could be charged when a person has prior domestic battery convictions and has penalties of up to five years in prison and a fine as large as $25,000. A person with four or more domestic battery or domestic violence-related charges could be charged with a Class 2 felony, with penalties of up to seven years in prison and a fine as large as $25,000.

Subsequent domestic battery convictions require the accused to be sentenced to a minimum of 72 hours in jail. This sentence cannot be suspended or reduced. If a firearm is used, the crime becomes aggravated domestic battery, requiring a mandatory term of imprisonment of not less than 60 days.

Contact a Lake County, IL Domestic Violence Lawyer

If you have been charged with domestic violence or domestic battery, you need a Waukegan, IL domestic violence attorney from The Law Offices of Matthew R. Gebhardt, P.C.. Attorney Gebhardt has experience in all facets of criminal law and has worked as a prosecutor for the Cook County State’s Attorney’s Office. Call 847-239-4703 to schedule a free consultation.