Why Would The Prosecutor Decide To Drop Domestic Violence Charges Against Me?
In any case, the prosecutor has the sole prosecutorial discretion to decide who to prosecute, to what extent they will do so, and how to charge them. They also have the ability to dismiss cases. In the past, a person who accused another of domestic violence had the ability to fill out an affidavit stating that they wanted to drop the charges, and as a result, the state’s attorney would dismiss the charges. Today, a state’s attorney will no longer accept such affidavits and has full authority to decide whether or not to pursue a case once charges have been filed.
Do I Have The Right To Defend Myself In A Domestic Violence Scenario?
An individual absolutely has a right to defend themselves in a domestic violence scenario. In the charging document, it will say that John Doe committed battery (which includes contact of an insulting nature) without legal justification to a person with whom he is in a dating or familial relationship. Domestic battery in this sense could include pushing, spitting on, or grabbing another person.
In a domestic violence scenario, a defendant has the same defenses available to them as those that are available in any battery case. However, the right to self-defense only applies once another person has already inflicted harm, such as by throwing a punch to the face. Oftentimes, a person will overstep their bounds in defending themselves, perhaps by using excessive force. Under such circumstances, the individual would likely be convicted of battery.
Can I Speak With My Spouse To Work Things Out After A Domestic Violence Arrest?
In Illinois, there is usually a 72-hour minimum no contact period implemented after an incident of domestic violence. This means that the alleged perpetrator will not be allowed to contact the alleged victim, even if the alleged victim reaches out first. If an alleged victim tries to contact the alleged perpetrator within those 72 hours—even if only in an attempt to apologize and reconcile—the alleged perpetrator should refuse to talk to them or else run the risk of violating the conditions of their bond or protection order. Contact includes any communication that occurs through social media. For example, if an alleged perpetrator of domestic violence were to post a picture of his family on Facebook to share that he missed them, he could be charged with a violation of the protection order.
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