Domestic Battery is most often charged as a Class A misdemeanor, which carries a penalty of up to 364 days in the county jail and/or a fine up to $2,500. Domestic Battery can also be charged as a felony , however, if you have been convicted of Domestic Battery or Violation of Order of Protection on a prior occasion. You have the right to have either a jury trial or a bench trial, where the judge takes the place of the jury. In either case, the State will be required to prove your guilt beyond a reasonable doubt.
Following your arrest and upon posting bond, the judge will place special conditions upon your release from custody. Usually, there is a minimum 72 hour stay away order. That means that you cannot have any contact of any kind with the alleged victim during this 72 hour time period.
The typical bail bond conditions also require that you not have any harmful or offensive contact with the alleged victim even after the aforementioned 72 hour period.
If you plead guilty or are found guilty of Domestic Battery, you will receive a mandatory conviction that cannot be expunged from your record. You may be placed on conditional discharge or probation, in which case the judge may also order any of the following:
1) that you do domestic battery counseling;
2) that you pay fines & court costs;
3) that you perform community service; and/or
4) that you serve a term in county jail.