Can You Be Charged with Domestic Battery if You Are Both Fighting? 

 Posted on November 06, 2025 in Domestic Battery

When we think of domestic battery, we generally think of an abuser and a victim. This is often the reality in many cases, but sometimes, a relationship can be mutually abusive and both people are consistently physically and emotionally violent toward each other. While less common, some studies suggest that a significant number of domestic violence cases involve both partners engaging in physical or emotional aggression.

When the police show up and both people are accusing each other of abuse, things can get complicated fast. If you have been charged with domestic abuse, you need an aggressive, experienced Libertyville, IL criminal defense attorney from The Law Offices of Matthew R. Gebhardt, P.C..

What Constitutes Domestic Battery in Illinois?

To better understand claims of mutual abuse, you need to know what Illinois courts consider domestic battery. Under state law, you can be charged with domestic battery for knowingly causing bodily harm to someone in your family or household, or otherwise making physical contact with a family or household member in an insulting or provoking way. 

Domestic battery can include a wide range of actions, such as punching, slapping, or pushing a household member. For the purposes of the law, it does not matter if the alleged battery left a mark or lasting injury. Putting your hands on someone during a domestic fight without lawful justification can make you eligible for facing domestic battery charges.

Physical contact is a crucial aspect of a domestic battery charge. If the prosecution cannot prove that you physically harmed the other person or tried to make insulting contact, the charge could be downgraded to assault. Assault is a less serious charge involving acts that put other people in reasonable fear of being battered. However, pulling out a deadly weapon during a domestic dispute is prosecuted as aggravated assault, which carries harsher penalties.

What is Mutual Abuse?

Some relationships are volatile and emotionally intense. This volatility can result in heated arguments that rapidly progress to physical violence. If both people involved are abusive to one another, the term mutual abuse applies. In situations like this, each party may accuse the other of violence, making it difficult for law enforcement to determine who is the primary aggressor and who is acting in self defense.

Police are trained to identify and arrest the primary aggressor, meaning the person most responsible for the violence, rather than automatically arresting both parties. If the district attorney believes the case involves mutual abuse, the other person involved could also be arrested. The evidence, witness statements, physical injuries to each person, and whether there is a history of this type of behavior between the parties will be considered when determining charges.

How Do the Police Distinguish Between Mutual Abuse and Self-Defense?

What makes mutual abuse so complex is that there is a very fine line between both parties fighting and one party abusing someone who then reacts in self-defense. It is normal for one or both parties to claim self-defense if the case progresses. Someone under attack has the right to defend themself physically, so the facts and physical evidence must be meticulously examined to find out who the primary aggressor was. 

Evidence to Support a Self-Defense Claim in Mutual Abuse Cases

If you want to challenge allegations of mutual domestic violence by claiming you were acting in self-defense, you must demonstrate that you were facing imminent danger, and that your reasonable use of force was the only way to deter the threat. Our law firm can assist you in documenting and presenting valuable evidence, such as:

• Video footage of the alleged battery that shows you using reasonable, non-excessive amounts of force

• Witnesses who can testify that you were not the aggressor

• Physical proof of your injuries, demonstrating that you were under threat

Could Mutual Domestic Violence Restraining Orders Be Issued?

"If both parties file petitions and the evidence is inconclusive, the court could issue separate orders of protection for each person. Obviously, mutual restraining orders are challenging to enforce, given the difficulty in determining guilt or innocence in such situations. The true abuser is likely to claim mutual abuse to muddy the water legally and minimize their own culpability.

Illinois courts rarely issue mutual orders of protection. Instead, each person must file their own petition, and the court must make separate findings before granting both.

What Happens if Neither of Us Wants to Press Charges?

In cases of mutually abusive domestic violence, even if both parties involved do not wish to press charges, law enforcement may still move forward with legal action. Domestic violence is taken seriously, and the authorities might decide to file charges based on the evidence they gather at the scene, such as visible injuries or witness testimony. The decision to press charges is often made by the state, not the individuals involved, to ensure that public safety is prioritized. This means that, even without cooperation from either party, a case could move forward if the evidence suggests that there is a risk of ongoing violence.

What Are the Penalties for Domestic Violence in Illinois?

Under 720 ILCS 5/12-3.2, domestic battery is a Class A misdemeanor. In the state of Illinois, a Class A misdemeanor is punishable by up to one year in jail, probation, and a fine as large as $2,500. Domestic battery can be elevated to a Class 4 felony if the accused has a prior conviction for attempted or first-degree murder, aggravated domestic battery, aggravated battery, or additional offenses. Class 4 felonies in Illinois can result in imprisonment of one to three years and a fine of up to $25,000.

In the state of Illinois, there are additional consequences for domestic battery committed in the presence of a child. Charges can carry a mandatory minimum sentence of 10 days as well as the possibility of up to 300 hours of community service.

Contact a Lake County, IL Domestic Battery Lawyer

If you are facing domestic battery charges, it is crucial that you get ahead of those charges by speaking to an experienced Barrington, IL domestic battery lawyer. Attorney Matt Gebhardt previously worked for the Cook County State’s Attorney’s Office as a prosecutor, affording him a unique perspective on how violent crimes are handled in court. Contact The Law Offices of Matthew R. Gebhardt, P.C. at 847-239-4703 to schedule a free consultation so we can review your case and offer you guidance.