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How Do Police Determine Who The Aggressor Is In A Domestic Violence Case?


Oftentimes, the police must make a judgment call in order to determine who was most likely the aggressor in a domestic violence case, but that does not mean that that person will end up being found guilty of domestic violence. With that said, once the prosecutor has charged one side, they’re very unlikely to charge the other side, which means that even a solid counter-complaint of domestic abuse from the aggressor about the alleged victim would likely go unaddressed.

Can I Get My Personal Belongings From My House After A Domestic Violence Arrest?

In Illinois, a police officer can accompany an individual to the home in order for them to retrieve their belongings. In some cases, retrieving one’s belongings can be difficult. For example, if the alleged aggressor is a mechanic who works out of the house and therefore has all of his tools there, then he wouldn’t be able to grab them all in one trip. Under such circumstances, the alleged perpetrator would have to obtain permission from a judge in order to go back to the property subsequent times in order to retrieve all of their items.

Should I Ask My Girlfriend To Recant False Allegations Made Against Me?

It would not be advisable to ask one’s girlfriend to recant false allegations of domestic abuse. One reason is because after a statement has already been made and charges have been pressed, it will be up to the prosecutor to decide whether or not to pursue the case—regardless of whether or not the alleged victim recants their allegation. If an individual in a domestic violence case wants to draw attention to additional evidence or change their testimony, then they should contact the state’s attorney that is in charge of prosecuting the case.

Why Am Only I Being Charged When My Partner And I Equally Hurt One Another?

The police officers who go to the scene of a domestic violence incident have to make a judgment call as to who was the aggressor; unfortunately, they don’t always get it right, which means often only one party will be charged, even if both parties were equally to blame.

How Can The Prosecutor Proceed With a Domestic Abuse Case Against Me If My Spouse Was Not Physically Harmed?

All a prosecutor needs in order to proceed with a charge of domestic abuse against a person is a live testimony or affidavit signed by the alleged victim; physical evidence of a crime having occurred is not necessary. For example, if someone alleges to have been raped but there is no physical evidence of anything other than consensual sex, then the only issue will be one of consent. There are many other examples of scenarios in which there will be no physical evidence of a crime, so it is always the testimony and the credibility of each party that will be weighed by the judge. It will be up to the prosecutor to present a case to prove guilt beyond reasonable doubt.

It’s also important to note that hearsay is allowed in domestic cases in Illinois, which means that a handwritten statement or signed typed statement containing testimony will be considered substantive evidence just like a live witness. In domestic violence cases, the police will often go out of their way to have the party sign something because they know down the line that more than half of the people will change their mind and decide not to prosecute or claim that the incident never occurred. Under such circumstances, the hearsay exception is useful in that it provides testimony from someone who is not physically present to testify in court.

For more information on Aggressor In A Domestic Violence Case, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (847) 244-4636 today.

Barry Boches, Esq.

Get your questions answered - call me for your free phone consultation (847) 244-4636.

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