Can I Be Detained in Jail on a Domestic Battery Charge Without Bond?

 Posted on July 14, 2025 in Domestic Battery

If you have never had an encounter with law enforcement before, getting arrested for domestic battery can be disorienting and you may not know what to expect. Knowing your rights in detention is critical. Depending on the circumstances of your arrest, you may be detained before your court date. However, under the SAFE-T Act, you could be eligible for pretrial release.

A Lake County, IL criminal defense lawyer can advise you of your options while you are in police custody or in pretrial release. At The Law Offices of Matthew R. Gebhardt, P.C., we represent clients accused of domestic violence, battery and assault offenses, and other violent crimes. We can provide you with skilled counsel and representation against serious charges.

What Is a Detainable Offense in Illinois?

The SAFE-T Act in Illinois has largely eliminated the cash bail system. This means that you do not have to put down money to be released from custody before your court date. However, judges still reserve the right to hold people in custody before trial for certain crimes, known as detainable offenses.

People accused of violent crimes will be treated with extra scrutiny by prosecutors. When assessing whether or not pretrial release is appropriate, a judge may consider whether the defendant poses a real danger to another person. Our criminal defense attorney can represent you at a hearing to advocate for your release.

Is Domestic Battery a Detainable Offense?

Under Illinois law, you could be denied pretrial release if you have been charged with domestic battery. In order to hold you in detention, however, the prosecution must show that you pose a "real and present threat" to another person. This threat assessment must be based on the specific facts of your case.

Many domestic battery cases happen in the heat of the moment. At The Law Offices of Matthew R. Gebhardt, P.C., we can argue for your pretrial release to help you get back to your daily life with minimal disruption. We will challenge the prosecutor’s argument if it does not meet the standard of proof required for detention.

Conditions of Pretrial Release for Domestic Battery

While Illinois has abolished the cash bail system, defendants must still meet certain requirements to be released from detention. As previously mentioned, judges will consider the danger of releasing a defendant before trial. Additionally, the court will also assess a defendant’s flight risk, which refers to the likelihood of the defendant not appearing in court.

If you are granted pretrial release, you will have to obey the terms set by the judge. These terms typically include not committing any more crimes or submitting to GPS monitoring. You may also be ordered to stay away from the alleged victim of the domestic battery.

Contact a Waukegan, IL Domestic Battery Defense Attorney

At The Law Offices of Matthew R. Gebhardt, P.C., we can work with you from the moment you have been taken into custody for domestic battery. Our Lake County, IL criminal defense lawyer is here to protect your rights. To set up a free initial consultation, call our offices at 847-239-4703 today.