In Illinois, what is the difference between battery and domestic battery?

Asked over 1 year ago - Loves Park, IL

I had an ex-girlfriend who has physically attacked me. She does not live in the residence with me, as she lives with her parents. However, what I am attempting to understand is if this is considered battery or domestic battery. What is the difference between these two?

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  1. Judy A. Goldstein

    Contributor Level 20

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    Answered . Battery is offensive touching, etc. of a person not related or in the same household. It is a lower crime than domestic battery which is the battery of a family member, person in the household, or person with whom the alleged victim had a previous relationship.

  2. Melissa I. Smejkal

    Contributor Level 18

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    Answered . Battery becomes domestic if there is a relationship. Your facts suggest domestic battery.

  3. Barry Cahn Boykin

    Contributor Level 16

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    Answered . I agree with both counsel.

    If criminal prosecution is not contemplated, then a petition for Order of Protection may be filed. The former dating relationship is sufficient to meet the definition under the Illinois Domestic Violence Act.

    The information provided here should not be construed to be formal legal advice. The provision of this general... more

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