Can a Man Go to Jail for Domestic Violence Against Another Man?

 Posted on March 26, 2025 in Domestic Battery

When most of us think of the term "domestic violence," we usually think of a man abusing a woman. While this may be the most common form of domestic violence, it is far from the only form. Abusive relationships are characterized by physical and verbal abuse, excessive control, and intimidation. Abusers often attempt to normalize these behaviors to maintain power in the relationship, but domestic violence can and does happen in gay and lesbian relationships as well as heterosexual relationships where the woman abuses the man.

Twenty-six percent of gay men have experienced physical violence by an intimate partner. This compares to 29 percent of straight men, so it is nearly as common for a man in a gay relationship to commit domestic violence as it is for a man in a heterosexual relationship. So, the answer to the question of whether a man can go to jail for domestic violence against another man is "absolutely."

If you have been arrested and charged with domestic violence, speaking to an experienced Buffalo Grove, IL criminal defense attorney is extremely important for the best outcome possible. There are other situations in which a man could commit domestic violence against his teenage son or his own father, who lives in the same household as him. While nobody would condone domestic violence, the situation may not always be as straightforward as it appears.

Who and What Does Domestic Violence Cover?

Domestic violence charges are usually – but not always – filed against someone who lives in the same household as another person. They may be filed against a spouse or former spouse, a parent, child, stepchild, parents with children in common, those who have previously shared a residence, those who have been engaged or previously dated (regardless of gender), and even disabled individuals and their caretakers. Abuse can include harassment, following or stalking, making threats of violence, hitting, shoving, slapping, preventing someone from leaving, forcing someone to do something against their will, or preventing a person from obtaining the care they need.

How Do the Police Decide Who to Arrest?

The police are charged with determining who the aggressor is in domestic violence situations. Sometimes, this is as easy as seeing which person has physical injuries, but other times, it is not so clear. When a gay couple is involved, the police may be less likely to arrest anyone for domestic violence, although this should never be a factor.

There are instances where one party makes up allegations of domestic violence as a means of getting the "upper hand" over the other person or for revenge. In situations where a divorce or custody case is ongoing, false allegations might be made to secure a better settlement or custody arrangement.  

What Are the Penalties for Domestic Violence in Illinois?

In the state of Illinois, domestic battery is a Class A misdemeanor. If convicted, an individual could spend up to a year in jail and be assessed a maximum fine of $2,500. If the alleged abuser has a prior conviction for violating an order of protection, attempted murder, or another violent crime, domestic battery may be charged as a Class 4 felony.

A conviction for a Class 4 felony can result in between one and three years in prison and a maximum fine of $25,000. If the accused person has three prior convictions for domestic battery, the charges become a Class 3 felony. A conviction for a Class 3 felony is a prison sentence of two to five years and a maximum fine of $25,000. A person convicted of Aggravated domestic battery must serve a mandatory 60 consecutive days in jail.

Contact a Lake County, IL Domestic Violence Attorney

If you are facing domestic violence charges, your attorney may be able to argue self-defense or prove your accuser was not being entirely truthful. An Arlington Heights, IL domestic violence lawyer from The Law Offices of Matthew R. Gebhardt, P.C. will begin building a comprehensive defense on your behalf as quickly as possible, with the goal of having the charges reduced or even dismissed. Attorney Gebhardt has worked for the Cook County State’s Attorney’s Office as a prosecutor and has broad experience in all facets of criminal law. Call 847-239-4703 to schedule your free consultation.