Legal Question in Criminal Law in Illinois

domestic assult

i know someone who has a pending court case for domestic abuse with his girlfriend and recently just bit his girlfriend and the police were called. he left the scene before the police arrived and they said they were going to look for him if he didnt turn himself in and the get a warrant. the girlfriend isnt pressing charges becuase she doesnt want to go through the whole court ordeal again, so do the police have a right to make an arrest or get a warrant if the girlfriend doesnt want to press charges?Police officers said since they have enough evidence they can make the report&arrest on her behalf. is that possible? he is afraid to go back to his town because of the police, do they have a right to arrest him, and can they take actions into their pwn hands because of the pending case in progress?


Asked on 5/14/06, 10:40 pm

1 Answer from Attorneys
Amil Alkass LAVELLE LAW, LTD

Re: domestic assult

It is my understanding that the police can still get an arrest warrant issued despite your friend's girlfriend's choice not to press charges. The police know that a crime as been committed and thus can still seek to arrest and charge your friend with a crime. It seems that the police may have enough probable cause to make the arrest. Please have your friend contact me to discuss. Good luck.

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Answered on 5/15/06, 9:32 am


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