Illinois Compiled Statutes

725 ILCS 5/115-7.4 (2026)

Evidence in domestic violence cases

✓ current as of May 2026
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(725 ILCS 5/115-7.4)
    Sec. 115-7.4. Evidence in domestic violence cases.
    (a) In a criminal prosecution in which the defendant is accused of an offense of domestic violence as defined in paragraphs (1) and (3) of Section 103 of the Illinois Domestic Violence Act of 1986, or first degree murder or second degree murder when the commission of the offense involves domestic violence, evidence of the defendant's commission of another offense or offenses of domestic violence is admissible, and may be considered for its bearing on any matter to which it is relevant.
    (b) In weighing the probative value of the evidence against undue prejudice to the defendant, the court may consider:
        (1) the proximity in time to the charged or predicate
    
offense;
        (2) the degree of factual similarity to the charged
    
or predicate offense; or
        (3) other relevant facts and circumstances.
    (c) In a criminal case in which the prosecution intends to offer evidence under this Section, it must disclose the evidence, including statements of witnesses or a summary of the substance of any testimony, at a reasonable time in advance of trial, or during trial if the court excuses pretrial notice on good cause shown.
    (d) In a criminal case in which evidence is offered under this Section, proof may be made by specific instances of conduct, testimony as to reputation, or testimony in the form of an expert opinion, except that the prosecution may offer reputation testimony only after the opposing party has offered that testimony.
(Source: P.A. 97-1036, eff. 8-20-12.)

    
Notes of Decisions
Cited in 110 cases (66 in the last 5 years), 2009–2026 · leading case: People v. Kelley, 2019 IL App (4th) 160598 (Ill. App. Ct. 2019).
People v. Kelley, 2019 IL App (4th) 160598 (Ill. App. Ct. 2019). · cites it 9× “4 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115-7.4 (West 2014)) because (1) the events to which White testified bore little “factual similarity to the charged *** offense” (id.”
People v. Nixon, 2016 IL App (2d) 130514 (Ill. App. Ct. 2016). · cites it 4× “4 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115-7.4 (West 2012)). ¶6 In ruling on the State’s motion, the court noted that section 115-7.”
People v. Heller, 2017 IL App (4th) 140658 (Ill. App. Ct. 2017). · cites it 6× “¶2 At trial, Shults recanted the statements she made to police that defendant had hit and choked her.”
People v. Daniel, 2022 IL App (1st) 182604 (Ill. App. Ct. 2022). · cites it 4× “4 (725 ILCS 5/115-7.4 (West 2016)) of the Code of Criminal Procedure (Code) where the incident involved conduct that was factually dissimilar to the charged offense and its prejudicial effect outweighed any probative value; (5) the trial court violated defendant’s sixth…”
People v. Johnson, 2013 IL App (2d) 110535 (Ill. App. Ct. 2013). · cites it 4× “However, by statute, the legislature has made exceptions to that rule in a few specific areas, such as domestic batteries (725 ILCS 5/115-7.4, 115-20 (West 2010)). Dabbs, 239 Ill.”
People v. Heller, 2017 IL App (4th) 140658 (Ill. App. Ct. 2017). · cites it 7× “4 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115-7.4 (West 2014)), seeking to admit evidence of prior domestic batteries committed by defendant.”
People v. Valdez, 2022 IL App (1st) 181463 (Ill. App. Ct. 2022). · cites it 3× “See 725 ILCS 5/115-7.4 (West 2010). ¶ 22 Over defense objections (on grounds we will explain later) the State offered two further instances of propensity evidence.”
People v. Chapman, 2012 IL 111896 (Ill. 2012). · cites it 2× “4 of the Code (725 ILCS 5/115-7.4 (West 2008)), a statute enacted after defendant’s trial.”
People v. Degrave, 2023 IL App (1st) 192479 (Ill. App. Ct. 2023). · cites it 3× “See 725 ILCS 5/115-7.4 (West 2018). At trial, Meissner claimed that defendant had been abusive toward her for about 18 months and that it was a regular occurrence in their relationship.”
People v. Jenk, 2016 IL App (1st) 143177 (Ill. App. Ct. 2016). · cites it 8× “4 (West 2012)) was unconstitutional; (2) the trial court erred in admitting into evidence his prior acts of domestic violence against the victim; and (3) the trial court erred in finding the victim credible at trial.”
People v. Currie, 2022 IL App (4th) 210598 (Ill. App. Ct. 2022). · cites it 8× “4 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115-7.4 (West 2020)), seeking admission of certified copies of conviction for defendant’s three prior domestic battery offenses.”
People v. Potts, 2021 IL App (1st) 161219 (Ill. App. Ct. 2021). · cites it 2× “725 ILCS 5/115-7.4 (West 2014). - 42 - No.”
— 725 ILCS 5/115-7.4(a) — 37 cases
People v. Kelley, 2019 IL App (4th) 160598 (Ill. App. Ct. 2019). “4 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115-7.4 (West 2014)) because (1) the events to which White testified bore little “factual similarity to the charged *** offense” (id.”
People v. Valdez, 2022 IL App (1st) 181463 (Ill. App. Ct. 2022). “See 725 ILCS 5/115-7.4 (West 2010). ¶ 22 Over defense objections (on grounds we will explain later) the State offered two further instances of propensity evidence.”
People v. Jenk, 2016 IL App (1st) 143177 (Ill. App. Ct. 2016). “4 (West 2012)) was unconstitutional; (2) the trial court erred in admitting into evidence his prior acts of domestic violence against the victim; and (3) the trial court erred in finding the victim credible at trial.”
People v. Jenk, 2016 IL App (1st) 143177 (Ill. App. Ct. 2016).
People v. Degrave, 2023 IL App (1st) 192479 (Ill. App. Ct. 2023). “See 725 ILCS 5/115-7.4 (West 2018). At trial, Meissner claimed that defendant had been abusive toward her for about 18 months and that it was a regular occurrence in their relationship.”
— 725 ILCS 5/115-7.4(b) — 29 cases
People v. Kelley, 2019 IL App (4th) 160598 (Ill. App. Ct. 2019). “4 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115-7.4 (West 2014)) because (1) the events to which White testified bore little “factual similarity to the charged *** offense” (id.”
People v. Johnson, 2013 IL App (2d) 110535 (Ill. App. Ct. 2013). “However, by statute, the legislature has made exceptions to that rule in a few specific areas, such as domestic batteries (725 ILCS 5/115-7.4, 115-20 (West 2010)). Dabbs, 239 Ill.”
People v. Jackson, 2014 IL App (1st) 123258 (Ill. App. Ct. 2014).
People v. Ramirez, 2023 IL App (1st) 221227 (Ill. App. Ct. 2023).
People v. Heller, 2017 IL App (4th) 140658 (Ill. App. Ct. 2017). “4 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115-7.4 (West 2014)), seeking to admit evidence of prior domestic batteries committed by defendant.”
— 725 ILCS 5/115-7.4(b)(1) — 3 cases
People v. Null, 2013 IL App (2d) 110189 (Ill. App. Ct. 2013).
People v. Peterson, 952 N.E.2d 691 (Ill. App. Ct. 2011).
People v. Price, 2024 IL App (1st) 221131-U (Ill. App. Ct. 2024).
— 725 ILCS 5/115-7.4(b)(2) — 4 cases
People v. Kelley, 2019 IL App (4th) 160598 (Ill. App. Ct. 2019). “4 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115-7.4 (West 2014)) because (1) the events to which White testified bore little “factual similarity to the charged *** offense” (id.”
People v. Peterson, 952 N.E.2d 691 (Ill. App. Ct. 2011).
People v. Price, 2024 IL App (1st) 221131-U (Ill. App. Ct. 2024).
People v. Peterson, 2011 IL App (3d) 100513 (Ill. App. Ct. 2011).
— 725 ILCS 5/115-7.4(c) — 9 cases
People v. Valdez, 2022 IL App (1st) 181463 (Ill. App. Ct. 2022). “See 725 ILCS 5/115-7.4 (West 2010). ¶ 22 Over defense objections (on grounds we will explain later) the State offered two further instances of propensity evidence.”
People v. Torres, 2015 IL App (1st) 120807 (Ill. App. Ct. 2015).
People v. Torres, 2015 IL App (1st) 120807 (Ill. App. Ct. 2015).
People v. Santa Maria, 2023 IL App (1st) 191607-U (Ill. App. Ct. 2023).
People v. Bedient, 2026 IL App (2d) 250168-U (Ill. App. Ct. 2026).
— 725 ILCS 5/115-7.4(d) — 1 case
People v. Currie, 2022 IL App (4th) 210598 (Ill. App. Ct. 2022). “4 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115-7.4 (West 2020)), seeking admission of certified copies of conviction for defendant’s three prior domestic battery offenses.”
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