What Are the Penalties for Second Offense Domestic Battery

My question involves criminal law for the state of: Illinois cook county:wallbang:

My boyfriend is going through the court process with a domestic battery charge from a former girlfriend. He has one from about 8 years ago with his ex wife, he pled guilty to it, because he didn't have money for an attorney, and he didn't understand the consequences.

The ex girlfriend went crazy when she saw that he and I were rekindling our relationship, and she decided that she was going to tell the police that he pushed her down the stairs, resulting in her breaking her arm. This in fact did not happen, and her story in the police report is way off base. The stair incident happened on June 28, and she never said anything to the police about it then. After she read some messages from him and I (on his cell phone) she decided to get a PO against him, and to file a complaint, which took place on August 12.

My question is this... what are the penalties/costs that he is going to incur? My father is an attorney, and he recommended us to an Excellent attorney, but we feel the attorney is not really being up front. I keep trying to tell my boyfriend that he needs to use this guy, because this is very severe. I'm nervous, and I want to be clear on what's going on. The case keeps getting a continuance, and my boyfriend thinks the lawyer isn't doing anything. I believe the arraignment was yesterday.

please advise!
Thank you!

Jail time is a possibility so it is serious. Further, even though it's likely to only be a misdemeanor (a felony if he has priors), a DV conviction has serious implications with regard to things like firearms possession, etc.. . You do NOT want to casually accept such a conviction. Attorneys typically run thousands, you'll have to ask yours.

He may well be ordered to take anger management classes; it might be a good idea if starts that by himself before the next appearance in court.

Personal advice: Be. Careful. He has a history, and I really hope that you don't have to come back here after he's hit you.

Broken arm will give felony leverage. He'll get an offer to plead down to a conditional discharge. 18 months misdemeanor probation, permanent conviction, Dv program, $50 p/mo reporting fees, $450 fines and costs. OOP for the duration of the court order. Loss of firearm privileges. No relocating outside of Cook Co. without a transfer. Possible alcohol and drug treatment and limited movement

And if you have children under the same roof with him, I'd be thinking long and hard about staying with someone with the domestic violence problem, not with ONE former relationship, but TWO. Not only do you not want to be next (and he'll have "excuses" about the "misunderstanding" with you too), but you don't want to risk potential consequences regarding your children if violence occurs.

Quote:

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Quoting aardvarc

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And if you have children under the same roof with him, I'd be thinking long and hard about staying with someone with the domestic violence problem, not with ONE former relationship, but TWO. Not only do you not want to be next (and he'll have "excuses" about the "misunderstanding" with you too), but you don't want to risk potential consequences regarding your children if violence occurs.

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I'll be blunt here - I just want to grab the OP, give her the biggest hug and then drum it into her.

Excuses:

Stressed out (work, family, Facebook not working, dishes aren't done, frustrated)

I thought you were going to hit me and I panicked

You were acting all crazy

I only spanked his bottom, there's no reason your son is crying like a big baby*

I was really aroused and you weren't

You did this: laundry still not done, couldn't find the remote for me, dinner was awful, dinner wasn't ready when I got home

You were mouthing off at me

I only tapped you..c'mon that's not abuse, that's just what a real man does*

*this is actually what someone said in the other forum. I'm not kidding.

There is ALWAYS an excuse. And there is very often a "I'm so sorry baby I won't do it again, I promise".