Can I Be Charged With Domestic Battery if We Were Both Fighting?

 Posted on June 08, 2025 in Criminal Law

Illinois courts take domestic violence charges very seriously, and typically, battery charges related to domestic violence involve a victim and an abuser. However, cases where both parties are physically and emotionally violent are more complex. If you were charged with domestic battery for fighting with someone, talk to an experienced Wheaton, IL domestic violence defense attorney to find out how you can challenge the allegations and tell your side of the story.

What Is the Difference Between Mutual Abuse and Self-Defense in Illinois?

When two people in a domestic relationship are abusive to one another, "mutual abuse" applies. Often, each person involved will accuse the other person of being abusive, and law enforcement investigating a domestic violence call may find it difficult to determine who is the main aggressor. Typically, they will identify someone and arrest that person. However, if more information comes to light, the other party could be arrested and charged with domestic battery as well. 

Under Illinois law, you have the right to use force to defend yourself or protect someone else from imminent unlawful force. This means you can use reasonable force that is proportional to the threat. If both parties in a domestic battery case claim self-defense, the facts of the incident and the physical evidence must be thoroughly assessed to determine what actually happened. 

What Happens if Neither Person Wants to Press Charges After a Domestic Fight in Illinois?

Cases involving mutual domestic violence will often still result in legal action by law enforcement regardless of whether the parties want to pursue charges. The Illinois legal system cracks down hard on domestic battery, and the state can choose to file charges against both parties using evidence gathered from the investigation. This is considered a matter of public safety. Therefore, even if you both choose not to cooperate, the case could move forward, and you could face severe penalties if convicted, including jail time, probation, and a hefty fine. Having experienced legal counsel is critical for protecting your rights and telling your side of the story.

How Can You Challenge a Domestic Battery Charge in Illinois?

Building a strong defense to challenge a domestic battery charge requires an evaluation of the specific details relevant to your case. However, the most common defense approach is to claim self-defense or defense of others. Your attorney will gather evidence, like witness testimonies, medical records, and photographs, to help support this claim.

Another possible defense is false allegations. Without sufficient physical evidence, the prosecution may not be able to prove guilt beyond a reasonable doubt. If the evidence against you is strong, you should consult with a defense attorney. They can often negotiate for less harsh penalties or downgrade the charge.

Contact a Wheaton, IL Domestic Battery Defense Attorney

Domestic battery cases can become increasingly more complex as you unravel the details that led to an arrest, and the potential penalties if convicted can have a profound impact on your daily life. Do not face these charges alone. An experienced DuPage County, IL domestic battery defense lawyer at Davi Law Group, LLC will investigate your case to better understand what happened and how we can challenge the charges. Call 630-580-6373 to schedule a free consultation today.