Legal Question in Criminal Law in Illinois

I was arguing with my husband today. I called 911 (meant to call 411)& asked for the police non emergency number because I wanted to speak to an officer regarding my rights to the house if I where to seperate from my husband. The dispatcher asked for my address so I gave it to her, I told her I did not want the police to come to my house, I just wanted some info. The next thing I know the police are at my hse & arrested my husband for domestic violence. The police asked if I was hit so I told the police that we were arguing & he had pushed me because I would not get out of his way. I've been with my husband for 12yrs married for 9 months. I told the officers I did not call them for this nor did I want them there. I am so upset because my husband does not deserve to be arrested. Did the police have the right to come in & arrest him even though I did not call for them to come? Can my 911 call help my husband get cleared, since I clearly stated this was not an emergency & I just wanted the non emergency number?


Asked on 6/12/10, 6:40 pm

1 Answer from Attorneys
Betty Tsamis Tsamis Law Firm PC

Unfortunately, once the police are alerted to domestic violence, they are required to act. After years of lawsuits against police departments for not reacting appropriately, the departments have adopted zero tolerance policies. You sound to me like someone who is now protecting her husband. I say this as someone who used to prosecute DV cases. Does he really deserve your support? Obviously, you called whoever you called for a reason. It is very common for victims (you) to recant charges of domestic violence when they see the results (arrest). But the results, being arrested and forced into treatment, might just be what helps your husband and you. If you are in fear of your physical or mental safety, get away form this person and get a restraining order.

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Answered on 6/15/10, 4:55 am


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