If you’ve been charged with domestic battery in Chicago or Cook County, Illinois, you’re facing an overwhelming situation. The possible consequences of a conviction include orders of protection, felony-level prison sentences, fines, child custody problems, and more issues that could follow you for years to come, if not the rest of your life.
At Combs Waterkotte, we understand how stressful a domestic violence investigation in Chicago can be because we help good, hardworking people navigate them everyday. As criminal defense attorneys, we explain every aspect of these cases to our clients and give them the bets legal advice possible to navigate their situation. And if you’re currently up against domestic battery allegations in Chicago or Cook County, we want to help you.
In this guide, we’re going to cover the ins and outs of a Chicago domestic battery charge step by step to help you understand what you can expect. And if you’re lost, scarred, or confused, don’t hesitate to reach out to Combs Waterkotte today for help with handling your domestic violence case.
Here’s a general overview of what a typical Chicago domestic battery case looks like:
- Police Respond and Investigate Chicago Domestic Battery Allegations
- The Defendant May Be Placed Under Arrest
- The Defendant May Face an Order of Protection
- A Domestic Battery Charge is Filed in Cook County Court
- The Defendant Will Appear Before a Chicago Judge
- The Case Moves Through Cook County Domestic Violence Court
- The Case Resolves Through Dismissal, Plea, or Trial
1. Police Respond and Investigate Chicago Domestic Battery Allegations
Chicago domestic battery cases typically begin with a Chicago police department investigation. Officers will arrive on the scene and may interview the alleged victim, speak with the alleged defendant, talk with any witnesses, and confer with anyone else who may have been present during the incident.
During this initial investigation, CPD may photograph any injuries sustained during the altercation, review 911 calls that were made, collect statements for the record, and decide whether or not there is probable cause to place the defendant under arrest.
Remember that throughout this process, you have rights and you should exercise them — particularly your right to remain silent and your right to have an attorney present during police questioning.
2. The Defendant May Be Placed Under Arrest
In Chicago, the domestic battery statute (720 ILCS 5/12-3.2) under Illinois law maintains that an individual commits domestic battery when they knowingly and without legal justification:
- Cause bodily harm to a family member, or
- Make insulting or provoking physical contact with a family member
If police believe they have enough evidence that you’ve committed this offense, they may place you under arrest. If this happens, stay calm. Invoke your Fifth Amendment right ot remain silent and speak only to ask for a criminal defense attorney.
3. The Defendant May Face an Order of Protection
In Chicago domestic violence cases, the alleged victim may seek a few different types of orders of protection, including:
- An emergency order of protection
- An interim order of protection
- A plenary order of protection
The type of protective order you wind up facing (if any) can affect where you’re allowed to live, whether you’re allowed to contact the alleged victim, whether you’re allowed to visit your children, whether you’re allowed to possess firearms, or if you may continue to access any property you share with the alleged victim.
A criminal defense lawyer can seek to suppress or overturn these orders where possible or, at the very least, make their conditions as favorable to you as possible.
4. A Domestic Battery Charge is Filed in Cook County Court
After you’re arrested, Cook County prosecutors will officially file a domestic battery charge against you in Cook County court. First-time domestic battery is usually charged as a Class A misdemeanor, but the offense can become a felony if you have certain prior convictions on your criminal record.
In more serious cases like those resulting in great bodily harm or in which a victim was allegedly strangled, defendants may face an aggravated domestic battery charge. Aggravated domestic battery is a Class 2 felony and greatly increases a defendant’s sentencing exposure.
5. The Defendant Will Appear Before a Chicago Judge
The state of Illinois has abolished monetary bail, so when an individual is charged with domestic battery, the question is not, “How much will my bond be?” but “Will I be released, and what conditions will apply?”
These decisions are made by a Cook County judge. 725 ILCS 5/110-2 allows for pretrial release in Chicago domestic battery cases, but there may be some conditions a defendant may have to follow, like:
- Abiding by orders of protection
- No-contact orders
- Staying away from the alleged victim’s home
- Avoiding the alleged victim’s workplace
- Surrendering any firearms they may own
6. The Case Moves Through Cook County Domestic Violence Court
In Chicago, many domestic violence cases are handled through the Circuit Court of Cook County’s Domestic Violence Division located at 555 W. Harrison Street. This division hears domestic violence criminal cases involving family and household members, including both misdemeanor and certain felony cases.
At this step, an attorney can present evidence and argue in your favor. They’ll attempt to fight against any exaggerated or false allegations and begin negotiating with prosecutors (if that’s the right path forward in your case).
Your lawyer may also review police reports, police bodycam footage, 911 calls about the incident, witness statements, medical records, photos, prior incidents, and whether the arrest or any statements obtained by police violated your constitutional rights.
7. The Case Resolves Through Dismissal, Plea, or Trial
As your domestic violence case progresses, there are a few outcomes:
- Your lawyer can leverage rights violations or anomalies to get your charges dismissed
- Your lawyer can negotiate with prosecutors to reduce your charges
- You may avoid jail time through counseling or probation
- You can decide to take your case to trial
Your defense lawyer will help you to decide the best path forward in your case based on the circumstances and the strength or weakness of the prosecution’s charges.
Contact Combs Waterkotte’s Domestic Violence Lawyers to Handle Your Domestic Battery Case
Being charged with domestic battery in Chicago, Illinois doesn’t automatically mean you’ll face a conviction, but the longer you wait to hire at attorney, the greater the effect your case can have on where you live, who you can contact, and whether or not you remain free before trial.
So, if you’re facing domestic violence charges in Chicago, Illinois, call the criminal defense attorneys at Combs Waterkotte today at (314) 900-HELP or contact us online for a free, confidential case evaluation. We’ll fight for your rights from the start of your case until its conclusion.
