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?
Divorce / Separation Lawyer
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.
Criminal Defense Attorney
Battery becomes domestic if there is a relationship. Your facts suggest domestic battery.
Family Law Attorney
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.
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