How Are Children Handled When There Is An Order Of Protection Against One Parent?
Some counties have drop off centers specifically designed for children of parents who have orders of protection. In other jurisdictions, there may be drop off zones in the police department or accommodations to ensure that transfers go smoothly and safely.
Will There Always Be An Arrest If Police Are Called To A Domestic Violence Situation?
In most cases, the police will arrest someone when called to a domestic violence situation. The police will have to determine to the best of their ability which party was the aggressor, and they can definitely get this wrong. Oftentimes, the person who calls the police first will be the protected party, but this isn’t a reliable way of determining the identity of the aggressor. If both parties are bruised or scratched and neither party takes responsibility for having initiated the fight, then the police may be simply unable to determine who started the fight. Under such circumstances, the police will need to make a judgement call. Once the state charges one side, they are going to be really hard pressed to listen to the other side, even if they have a legitimate beef and charge the other. Very seldom are there cross complaints where both parties are charged with battery.
Is There A Mandatory Cooling Off Period For Domestic Violence Arrests Where Someone Has To Spend Extra Time In Jail?
In Illinois, there is a 72-hour cooling period during which the defendant cannot return to the domestic residence. If the judge feels that it’s necessary, then they can order the person to remain in custody.
Are Special Courtrooms Or Special Prosecutors Used In Domestic Violence Related Cases?
There are small counties in Northern Wisconsin where the judge will hear all criminal and civil cases. In other counties with larger populations, there are usually specific courtrooms for handling domestic violence cases. In a domestic battery case, some laws of evidence dictate that if the alleged victim refuses to testify in court, then a hearsay exception will apply, which allows a statement that would otherwise be considered hearsay to be considered substantive evidence. In many cases, the parties involved in domestic violence cases are highly emotional right after the event, but cool down once a couple of weeks have passed. At that point, they may deny the truth of what they said at the time. Under these new laws, the alleged victim’s statements would come in as substantive evidence. Anyone who is in the domestic court is going to see that there is quite a bit of recantation and many variables present in domestic violence cases. When people change their stories or deny having made a particular statement, the judge will ultimately have to weigh the evidence of both stories and decide which one could serve as proof beyond a reasonable doubt.
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