Can You Claim Self-Defense in a Domestic Battery Case?

 Posted on November 21, 2025 in Domestic Battery

When a dispute inside a household escalates to violence, one or sometimes both parties may be arrested for domestic battery. However, there are cases where one party in a domestic dispute is wrongfully arrested for exercising reasonable self-defense. If you have been charged with domestic battery, a Lake County, IL criminal defense lawyer can help protect your rights and interests.

At The Law Offices of Matthew R. Gebhardt, P.C., we have years of experience representing clients in a broad range of criminal cases, including multiple successful dismissals of domestic battery charges. Our firm can help you explore self-defense as a legal strategy and identify ways to minimize the charges against you.

When Is Self-Defense Permitted Under Illinois Law?

In some situations, people charged with battery or other crimes of violence in Illinois can claim self-defense – a strategy that can result in reduced or dismissed charges. However, certain elements must be satisfied to satisfy the definition of lawful self-defense under 720 ILCS 5/7-1.

Generally, to claim self-defense, you must be able to show that you reasonably believed that you were in danger due to somebody else’s use of unlawful force against you. The use of force must have also been proportionate to the perceived threat, meaning that you could still face criminal charges if you used more force than necessary.

Proving Self-Defense in a Domestic Violence Case

When police arrive on the scene of a domestic dispute, it may be difficult to explain your side of the story in the heat of the moment. A full investigation into the incident can uncover new facts, establishing that you were not to blame. An attorney can help you build a self-defense claim, looking for evidence such as:

• Witness statements that establish you were not the aggressor and that you used only the minimum amount of force necessary
• Photos of the injuries you sustained while trying to protect yourself
• Video footage that shows you trying to avoid physical confrontation

Possible Challenges in a Self-Defense Claim

It is important to understand that claiming self-defense does not absolve you of criminal charges in a domestic battery case. As a defendant, the burden of proof is on you to show that your use of force was lawful.

Some factors could jeopardize your self-defense claim in a domestic battery case. For instance, if there is minimal evidence aside from your own testimony, it may be harder to prove that you acted to protect yourself. Similarly, if you have a prior violent crime conviction on your record, a claim of self-defense might be scrutinized more closely by the court.

Another possible challenge involves the proportionality of force. If your accuser sustained broken bones while you only had superficial cuts and bruises, the prosecution could argue that your use of force was excessive, undermining your self-defense claim. Our firm can anticipate possible counterarguments and refine our legal strategy with you.

Contact a Deerfield, IL Criminal Defense Attorney

An accusation of domestic violence can be traumatic. At The Law Offices of Matthew R. Gebhardt, P.C., we have the resources and skills to help you challenge a violent criminal charge. To schedule a free consultation, call us at 847-239-4703 or contact our Lake County, IL domestic battery defense lawyer.