Can Domestic Battery Charges Affect Parental Rights in Illinois?

 Posted on May 22, 2021 in Child Custody

Domestic battery charges in Illinois are often pursued very aggressively. Depending on the conditions of the situation, it is possible that severe charges can result. In addition to potential fines and prison time, individuals convicted of domestic battery may also see changes to their parental rights. If you have been charged with domestic battery, it is important to work with an experienced criminal defense attorney in order to protect your rights.

Domestic Battery in Illinois

Domestic battery offenses affect a wide scale of families every year. In the state of Illinois, an individual commits domestic battery if he or she knowingly without legal justification:

• Causes bodily harm to any family or household member
• Makes physical contact of an insulting or provoking nature with any family or household member

Although domestic battery in Illinois is a Class A misdemeanor, it is possible that the charges and penalties may increase. If an individual commits domestic battery in the presence of a child, he or she will be required to serve a mandatory minimum imprisonment of 10 days or perform 300 hours of community service, or both.

How Is Custody Determined?

When deciding child custody, a judge will make their decision based on the child’s best interests. In doing so, a judge will consider many factors, including:

• The wishes of each parent seeking parenting time
• The mental and physical health of all individuals involved
• The physical violence or threat of physical violence by the child’s parent directed against the child or other member of the child’s household
• The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child
• The occurrence of abuse against the child or other member of the child’s household

In addition, the court may utilize any other factor that is deemed relevant. If it is determined that there is evidence of domestic battery present, this may deter a judge from granting custody of the child.

Contact an Experienced Naperville, IL Domestic Battery Attorney

For individuals facing domestic battery charges, it is imperative to craft a strong defense strategy. At J. Aldrich Law, P.C., our skilled DuPage County family law attorneys work diligently to protect the legal rights of our clients. We offer free consultations and represent clients throughout Northern Illinois.

Sources:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.2

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000