How Is Domestic Battery Defined In Illinois?
For it to be a domestic battery, it has to have a domestic element, which means that you have to be in some sort of relationship with this person, such as in a dating relationship, or a marital relationship. It could even extend to your immediate family such as a sister or father.
Are Domestic Battery Cases Often Related To A Divorce Or Other Family Matters?
Usually a good domestic incident will trigger the divorce when they have had enough and it becomes a violent nature. They say they have had enough, so divorce is sure to follow. They go hand in hand quite a bit, but more of them are just domestic relationships where people get into a scuffle for whatever reason. About seventy-five percent of the time they get to trial, they have made up and they want to get back together, forgive and forget and move on. Of course every case is different and it depends on what kind of injuries there were and how serious they were. But if it was just a regular domestic battery, then it could not have been very serious, because with serious injuries it would be called an aggravated domestic battery, which is a felony in our state.
In Illinois, domestic battery is just a misdemeanor. But, the fact that it is just a misdemeanor does not mean it should be taken lightly. It does have certain ramifications. If you get convicted of a domestic battery, they are going to tell you that you no longer qualify to have a gun permit. They will tell you if you have a domestic battery against you, then you must turn in your gun permit and your guns right away. That can be a very bad part of it. A lot of times to be accused of a domestic battery, what usually happens is there is now an order of protection being sought. Those are very bad, because when the order of protection goes into effect, then you cannot have a FOID (Illinois State police Identification Card) card either.
What Happens If The Alleged Victim Recants Or Decides Not To Press Charges?
That is another common thing that happens. By the time they get to me, they realized it was stupid; they just wanted to get apart from each other for the moment, now they want to get back to what their life was like before the accusations were made. Once the state takes over, it is no longer in their hands. They always come in and say hey, how about if I have someone write an affidavit? They want to drop the charges. That absolutely has no bearing whatsoever. Those are worthless. Use them for criminal cases, you must have a live testimony and an affidavit is not acceptable.
It used to be back in the day here the state would go ahead and if you were of that mindset, you wanted to drop the charges. They did have a form they would fill out which kind of covered their behind. We will let you drop the charges, but this is clearly your choice. This is what you want to do. We have no say in the matter and they will do that. They do not do that anymore. At least I have not had one in the last ten years here. The fact they want to write an affidavit does not help. The fact that people come in here and say look, I want to drop the charges, it will help, but it is not definitive answer that will happen, most likely not.
If the state says look, it is now in the hands of the people of the State of Illinois versus your husband, not you versus your husband. It is nice that you want to drop charges, but you really have no say in the matter. It is still up to us. If they think it is serious enough they will do it regardless of your wishes. There are other things that can come into play later that might help. Of course it is always helpful to have a plaintiff that does not really want to be a plaintiff anymore, but every case is different, so it is hard to say how much that is really going to make a difference.
If Police Are Called To The Scene Of a Domestic Dispute, Will There Be An Arrest Made?
That is pretty much the case here. Someone makes a call, someone is getting arrested. The sad part is it could be a neighbor that is calling and they get there and say nobody wants anybody arrested. Usually the police try to protect their ass, if there had been a 911 call from anybody about a domestic battery; somebody is going to get arrested. Someone is not going home for seventy-two hours. Someone is going to go to jail overnight. It is very harsh and it may not even be either one of the two parties who were involved. So, it can be pretty devastating.
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