Legal Question in Criminal Law in Illinois

Contempt of Court (domestic violence case)

I had a bail condition of no contact with my wife by a Court of Law. I visited her, after she invited me, at her house. Two weeks later she set me up and got me arrested on Breach of bail condition charge. First time, the Police were questioning her and she admitted that she invited me for a dinner. It's on the police report. Can she be held accountable in Court as well for allowing me to breach the condition? Can she get charged with Contempt of Court luring me into committing a crime and allowing me to breach my conditions?


Asked on 11/21/07, 2:40 pm

1 Answer from Attorneys
David Shestokas Shestokas, & Associates

Re: Contempt of Court (domestic violence case)

Generally speaking, it is your obligation to follow the conditions of your bond. The detail of the conditions is important, sometimes these conditions are for no unlawful contact, sometimes they have a 24 hour limitation. The charging decision or to go forward with the violation or possible contempt situation is not up to your wife, but rather the State's Attorney's office. While there may have been a technical violation, the State's Attorney may consider her invitation as mitigation, as well the judge may do so if it gets that far. Neither the judge nor State's Attorney is likely to discuss this directly with you if you do not have an attorney, so you should get counsel quickly. Feel free to contact our office with further questions.

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Answered on 11/21/07, 4:41 pm


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