Illinois dating violence laws

There are two types of domestic battery offenses in Illinois.

It is also estimated that one out of four women will be a victim of domestic violence in her lifetime.

In an effort to help turn the tide, Governor Pat Quinn recently signed several new laws intended to curb domestic violence in Illinois by heightening penalties for repeat offenders, aiding victims covered by their abusers’ insurance policies, and requiring school districts to adopt procedures regarding teen dating violence. Pat Mc Guire (D-Joliet), amends §12-3.2 of the Criminal Code of 2012 (720 ILCS 5/12-3.2) to increase the penalties for domestic violence by classifying the offense as a felony if the defendant has a prior domestic violence conviction.

5/112A-3) A person commits domestic battery by intentionally causing bodily harm to a family or household member or by making physical contact in an insulting or provocative way with a family or household member. If the defendant has one or more prior convictions for aggravated domestic battery, the judge must sentence the defendant to a minimum of three years in prison. The order may contain a number of other provisions, including ones that award temporary child custody or require the respondent to undergo counseling. An emergency order cannot include provisions that require the respondent to pay for counseling, legal custody, support, or compensation to the petitioner. Otherwise, the violation of a protective order is considered a Class A misdemeanor.

While a Class A misdemeanor carries a possible maximum sentence of less than a year and a $2,500 fine, a Class 4 felony carries up to six years in prison and a $25,000 fine.

Domestic battery is also a Class 4 felony if the defendant has a prior conviction for committing any one of a number of violent crimes against a family or household member, such as murder, aggravated domestic battery, kidnapping or unlawful restraint.

Domestic battery is punished as a Class A misdemeanor; however, domestic battery is a Class 4 felony if the defendant has a prior conviction for domestic battery or for violating an order of protection.

The Illinois Coalition Against Domestic Violence (ICADV) is a not for profit, membership organization that works to eliminate domestic violence by promoting the eradication of domestic violence throughout Illinois; ensuring the safety of survivors, their access to services, and their freedom of choice; holding abusers accountable for the violence they perpetrate; and encouraging the development of victim-sensitive laws, policies and procedures across all systems that impact survivors. Check out these PSA videos created by teens throughout Illinois.

This year's guidelines will be out later this fall and submissions due in February 2018.

Even a first offense can have damaging, permanent effects on your future.

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