Legal Question in Criminal Law in Illinois

Domestic Abuse

Will a domestic abuse case be dropped if the complaining witness does not show? (Catch: Complaining witness had pictures of bruises taken by police and a written statement was filed.)


Asked on 10/22/08, 5:23 pm

2 Answers from Attorneys
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: Domestic Abuse

A written statement is a hearsay document that can't be cross-examined. If the complaining witness doesn't show up, it can't be used. The pictures can be used, but any explanation of how CW received the bruises is also hearsay. The only way the state might be able to get it into evidence is to claim that what the CW told them were excited utterances. My advice to you is get an experienced criminal lawyer to help you.

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Answered on 10/22/08, 5:43 pm
David Shestokas Shestokas, & Associates

Re: Domestic Abuse

The case may not be initially dropped. The state certainly can issue subpoenas and has other power to bring a witness in when they have a strong case. Domestic battery is a complex matter. For detailed information I suggest two sites to you:

http://peacesecurity.suite101.com/article.cfm/the_crime_of_domestic_battery

and

http://www.shestokas.com/Domestic_Battery.html

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Answered on 10/22/08, 11:35 pm


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