Can I Be Charged With Domestic Violence Without Physical Evidence?

 Posted on June 08, 2025 in Domestic Battery

An accusation of domestic violence can threaten to ruin your reputation. Worse, you may face a lengthy jail sentence if you are convicted. If you are accused of domestic battery without physical evidence, you should contact a lawyer to figure out your best defense. An Illinois criminal defense attorney can help you contest the allegations, exploring all possible strategies to get the charges against you reduced or dismissed.

Crimes of domestic violence carry a significant stigma. As such, it is in your best interests to seek legal representation as soon as you have been charged with battery against a family or household member. At The Law Offices of Matthew R. Gebhardt, P.C., we have successfully defended clients against domestic battery in the past. Although past cases are no guarantee of future results, you can rest assured that your case will be handled by an experienced professional dedicated to protecting your rights.

What Is Domestic Battery?

Under Illinois law, you can be charged with domestic battery if you knowingly cause bodily harm to a family or household member, or otherwise make physical contact against a family or household member with the intent to insult or provoke. This means that spitting on a household member could be enough to warrant domestic battery charges.

Domestic battery is usually prosecuted as a Class A misdemeanor, which carries up to a year in jail. However, if you have a prior conviction of this offense on your record, it can be charged as a Class 4 felony, punishable by anywhere from one to three years in prison.

Witness Testimony in Domestic Battery Cases

If your accuser does not have physical evidence, such as video footage of the act or scars or bruises to show for it, the case against you may be harder to prove. However, if somebody else witnessed the alleged battery, his or her testimony could be used as evidence against you.

At The Law Offices of Matthew R. Gebhardt, P.C., we can challenge a witness’s testimony in court. We may question if the witness has an unbiased perspective and cast doubt on his or her version of events. Our defense attorney can strategize around witness testimony, anticipating possible arguments from the prosecution.

Can I Cite Lack of Evidence as a Possible Defense?

A lack of physical evidence can hurt the prosecution’s case. However, this does not mean that you are in the clear. Circumstantial evidence, like a prior history of violence, could be weaponized against you in court.

In order for the prosecutor to secure a conviction, he or she must prove your guilt "beyond a reasonable doubt." If there is not enough evidence to suggest that you committed battery against a family or household member, we may be able to argue to have the charges against you dismissed.

Meet With a Deerfield, IL Domestic Violence Defense Lawyer

If you have been arrested on charges of domestic battery, our Gurnee, IL criminal defense attorney can help. At The Law Offices of Matthew R. Gebhardt, P.C., we will consider all of the prosecution’s available evidence when devising a defense strategy. Call our offices at 847-239-4703 to schedule a free consultation.