DOMESTIC BATTERY

This newsletter is intended to answer some basic questions regarding Domestic Battery and related cases. For more information and a more complete explanation of your rights, please call Kililis, Ridings & Vonau, P.C. for a free telephone or office consultation.

Domestic Battery is usually 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. However:
Domestic Battery can also be charged as a felony* if you have a prior conviction for Domestic Battery or a conviction for Violation of Order of Protection. As a Class IV felony, it is punishable from one to three years in the penitentiary. A second conviction for Domestic Battery within five years requires a minimum of 48 consecutive hours in jail
Aggravated Domestic Battery is a Domestic Battery where you are alleged to have caused great bodily harm, permanent disability, or disfigurement. Aggravated Domestic Battery is a Class II Felony carrying a minimum 60 consecutive days in jail.

Following your arrest and release from jail on bond, there is a 72 hour “stay away” order that is part of your bond. You can not have any contact of any kind with the “alleged victim” during this 72 hour period. Further, the typical bond also requires you not to have any harmful or offensive contact with the alleged victim after expiration of the 72 hour period.
Violation of the 72 hour stay away order or violating the bond by having harmful or offensive contact with the alleged victim is a separate criminal offense.
If an Order of Protection is issued against you, any violation of the Order is a Class A misdemeanor punishable by up to one year in jail and a $2,500.00 fine. As with Domestic Battery, it can be enhanced to a Class IV felony if you have any prior convictions for Domestic Battery or Violation of Order of Protection. Upon a conviction there is a minimum of 24 hours in jail for a subsequent violation.