Can You Be Charged with Domestic Battery if You Are Both Fighting? 

 Posted on September 09, 2024 in Domestic Battery

When we think of domestic battery, we generally think of an abuser and a victim. In many cases, this is the reality of the situation, but sometimes a relationship can be mutually abusive – that is, both parties consistently exhibit violent physical and emotional behaviors toward the other. Some studies have concluded that between 40-60 percent of domestic violence and abuse happens in mutually abusive relationships.

When the police show up and both parties are alleging abuse, the situation becomes very complex. If you have been charged with domestic abuse, you need an aggressive, experienced Libertyville, IL criminal defense attorney from The Law Offices of Matthew R. Gebhardt, P.C..

What is Mutual Abuse?

Some relationships are more volatile and emotionally intense than others. This volatility can result in heated arguments that rapidly progress to physical violence. If both people involved are abusive to one another, the term mutual abuse applies. In situations like this, each party may accuse the other of violence, making it difficult for law enforcement to determine the primary aggressor.

Since the police are required to arrest the individual they believe to be the primary aggressor, only one arrest may initially occur until more facts come to light. If the district attorney believes the case involves mutual abuse, the other person involved in the altercation could also be arrested. The evidence, witness statements, physical injuries to each person, and whether there is a history of this type of behavior between the parties will be considered when determining charges.

How Do the Police Distinguish Between Mutual Abuse and Self-Defense?

The aspect that makes mutual abuse so complex is that there is a very fine line between both parties fighting and one party abusing the other, who reacts in self-defense. It is normal for one or both parties to claim self-defense if the case progresses. A person being attacked has the right to defend himself or herself physically, so how will the prosecutor determine who the primary aggressor was and who was acting in self-defense? The facts and physical evidence must be meticulously examined.  

Could Mutual Domestic Violence Restraining Orders Be Issued?

If both parties are equally convincing and the evidence is inconclusive, a mutual domestic violence restraining order could be filed. Obviously, mutual restraining orders are challenging to enforce, given the difficulty in determining guilt or innocence in such situations. The true abuser is likely to claim mutual abuse to muddy the water legally and minimize their own culpability.

What Happens if Neither of Us Want to Press Charges?

In cases of mutually abusive domestic violence, even if both parties involved do not wish to press charges, law enforcement may still move forward with legal action. Domestic violence is taken seriously, and authorities can choose to file charges based on the evidence they gather at the scene, such as visible injuries or witness testimony. The decision to press charges is often made by the state, not the individuals involved, to ensure that public safety is prioritized. This means that, even without cooperation from either party, a case could move forward if the evidence suggests a risk of ongoing violence.

What Are the Penalties for Domestic Violence in Illinois?

Under 720 ILCS 5/12-3.2, domestic battery is a Class A misdemeanor. In the state of Illinois, a Class A misdemeanor is punishable by up to one year in jail, probation, and a fine as large as $2,500. Domestic battery can be elevated to a Class 4 felony if the accused has a prior conviction for attempted or first-degree murder, aggravated domestic battery, aggravated battery, plus additional offenses. Class 4 felonies in Illinois can result in imprisonment of one to three years and a fine of up to $25,000.

Contact a Lake County, IL Domestic Battery Lawyer

If you are facing domestic battery charges, getting ahead of those charges by speaking to an experienced Barrington, IL domestic battery lawyer is crucial. Attorney Matt Gebhardt worked for the Cook County State’s Attorney’s Office as a prosecutor, which affords him a unique perspective on the situation and the exceptional ability to help his clients get their lives back on track. Contact The Law Offices of Matthew R. Gebhardt, P.C. at 847-239-4703 to schedule your free consultation.