the Long-Term Impact of a Domestic Battery Conviction
The consequences of a violent domestic battery conviction extend beyond the immediate penalties. The legal aftermath can be life-changing, affecting everything from your personal relationships to your financial situation. If you have been charged with battery after a domestic altercation, a Chicago, IL domestic battery defense attorney can help you understand the charges against you and what they could mean for your future.
Employment With a Criminal Record
One of the most damaging effects of a battery conviction is that it will appear on your criminal record indefinitely. In 1991, Illinois passed the Uniform Conviction Information Act, requiring the state police to make public a collection of a person’s criminal convictions. Note that charges alone are not public, only convictions.
Employers regularly use background checks during onboarding, and many see a battery charge as a significant red flag. Common career paths, such as education, law enforcement, and healthcare, require a clear criminal history. Even in industries where a clean record is not required, employers often hesitate to give someone with a battery conviction a chance.
Housing With a Battery Conviction
In the same way that a battery conviction can impact your employment, it can also cause issues when you apply for housing as a renter. Landlords typically run background checks, and many have strict policies concerning criminal history. You may still be able to find housing, but it will severely limit your ability to choose where you live, which can mean undesirable locations and higher rent.
Furthermore, a domestic battery conviction can make it much easier for the alleged victim of the battery to secure a plenary order of protection against you. This may mean you are immediately removed from your home and not allowed to return.
Visitation Rights and Child Custody After a Domestic Battery Conviction
According to Illinois’s Grounds for Involuntary Termination of Parental Rights, you can lose custody if you are unable to perform your parental duties due to incarceration. Domestic battery can be a misdemeanor or a felony, depending on the circumstances, but even a misdemeanor can carry up to a year in jail and a $2,500 fine. If you have a current custody order, your co-parent may have grounds to file for custody modification if you are convicted of battery.
Right to Own Firearms
According to federal law, those convicted of domestic battery are prohibited from owning or possessing firearms. This includes any device deemed "destructive." If you have the conviction vacated or expunged, you can submit documentation to apply for a license to legally possess or purchase ammunition and firearms again. However, there is still no guarantee that your application will be approved.
Contact a Cook County, IL Battery Defense Attorney
Being charged with domestic battery does not mean that you will definitively be convicted or that you will face the most harsh consequences. A Chicago, IL domestic battery defense lawyer at the Law Offices of James F. DiQuattro knows what it takes to build a robust defense and will go the extra mile to fight for you. If you have concerns or questions about a domestic battery charge, call 312-627-9482 today to schedule a free consultation.