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

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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Attorney answers 3


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.


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


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 advice does not create a lawyer-client relationship. Persons with legal questions are encouraged to seek independent counsel for advice regarding their individual legal issues.

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