Will Going to Therapy Reduce Domestic Battery Penalties?

 Posted on January 27, 2025 in Domestic Battery

A report from the Illinois Coalition Against Domestic Violence stated that deaths from domestic violence rose by 110 percent in 2023, including 107 homicides and 13 suicides. Few people would advocate for domestic violence, yet in some cases, the charges for domestic battery may be entirely untrue, or both people could have been equally involved in the altercation.

A conviction for domestic battery can lead to severe legal penalties but can also impact a divorce that is in the works, including the award of spousal support, the division of marital assets, and the allocation of parental responsibilities. It can also affect your current job and your ability to secure employment in the future.

If you are facing charges of domestic battery, whether the charges are true, partly true, or not true at all, it is essential that you speak to a knowledgeable Lake Zurich, IL domestic battery attorney. Your attorney can answer your questions and begin building a solid defense on your behalf.   

What Is Domestic Battery?

Under 720 ILCS 5/12-3.2 - Illinois General Assembly, a person in the state commits domestic battery when he or she knowingly and without legal justification causes bodily harm to a family or household member or makes any insulting or provoking physical contact with a family or household member. Bodily harm does not necessarily need to be present for a person to be charged with domestic battery.

Domestic battery is similar to simple battery, but it is perpetrated on a member of one’s household, including a spouse, ex-spouse, girlfriend/boyfriend, child, stepchild, or anyone else currently living in the household. However, unlike simple battery, domestic battery charges do not allow a sentence of court supervision, which is a non-conviction disposition that prevents the offense from appearing on one’s criminal record.

What Are the Penalties for Domestic Battery?

In most cases, domestic battery will be charged as a Class A misdemeanor in Illinois. Class A misdemeanors are punishable by a maximum $2,500 fine and up to 12 months in jail. Domestic battery may be charged as a Class 4 felony offense for those with one or two prior convictions for the offense, a Class 3 felony for those with three prior convictions for the offense, and a Class 2 felony for those with four or more prior domestic battery convictions. Violating an Order of Protection can also result in a felony conviction.

If I Go to Therapy, Will It Reduce My Domestic Battery Penalties?

In some cases, a judge may order a defendant to attend therapy, including anger management classes. If an individual has been charged with domestic battery, then virtually anything he or she can do before the trial (or before negotiations with the prosecutor) could work in his or her favor.

For instance, if a defendant can tell the prosecutor or judge that he or she has completed anger management classes and is currently attending weekly counseling sessions, the penalties for a domestic battery conviction are much more likely to be on the low end rather than the high end.

Judges look upon the attendance of therapy or counseling as taking responsibility for one’s actions and working toward solving the problem. While it is not guaranteed that a sentence would be lowered for a defendant who attends therapy or anger management of his or her own volition, it is highly likely.

Contact a Lake County, IL Domestic Battery Lawyer

Your Deerfield, IL domestic battery attorney from The Law Offices of Matthew R. Gebhardt, P.C. knows all the local prosecutors and judges in the area. This is a real benefit for defendants as the attorney knows the approach that will yield the best results in each case. Attorney Gebhardt has worked for the Cook County State’s Attorney’s Office as a prosecutor and brings extensive experience in all facets of Illinois criminal law. Call 847-239-4703 today to schedule your free consultation.