Background
Anthony J. Steward was convicted following a jury trial of four counts of violating an order of protection and one count of domestic battery causing bodily harm, all involving his girlfriend. Steward argued on appeal that counsel was ineffective for failing to object to inadmissible hearsay, that the evidence was insufficient, and that counsel was ineffective for failing to object to the court’s extended-term eligibility finding.
Holding
The Second District vacated the domestic battery conviction, finding the evidence insufficient to prove bodily harm beyond a reasonable doubt. The court affirmed the remaining convictions for violating an order of protection and rejected Steward’s ineffective assistance claims.
Key Takeaways
- A domestic battery conviction for “bodily harm” requires proof of actual physical harm; the State cannot rely solely on evidence of contact without demonstrating resulting injury or pain.
- Violations of an order of protection may be sustained even where the underlying conduct does not rise to the level of battery.
- The court applied one-act, one-crime principles in analyzing the relationship between the domestic battery and order-of-protection counts.
Why It Matters
This decision reinforces evidentiary requirements for domestic battery convictions in Illinois, distinguishing between mere contact or presence violations (sufficient for order-of-protection charges) and actual bodily harm (required for domestic battery).