Legal Question in Criminal Law in Illinois

Domestic battery charges--complaint filed by police, not alleged victim

I called 911 to report my boyfriend was acting drunk and violent in public. While we were struggling over the car keys in the front seat, three policemen approached. They claim that they saw him hit me and have charged him with domestic battery. I refused to sign a complaint against him and insisted that he did not hit me. The policemen could not have seen anything clearly, as the doors to the car were closed and it was raining heavily outside. I want to have the charges dropped by the police, but if they won't I want to make sure my boyfriend is acquitted based on my testimony. I'm concerned because I DID call 911 in the first place because I felt the dispute had gotten out of hand. But I did not report that he hit me and it is entirely inappropriate that he was charged with battery.


Asked on 9/15/08, 1:30 pm

2 Answers from Attorneys
Jeremy Richey Jeremy Richey, Attorney at Law

Re: Domestic battery charges--complaint filed by police, not alleged victim

I am not sure what your question is, but, the State makes the decision whether to charge and not the victim. Talk to your boyfriend's attorney. This is information he or she will want to know.

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Answered on 9/15/08, 2:09 pm
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: Domestic battery charges--complaint filed by police, not alleged victim

The State can proceed with the case without you, since they have eye witnesses - the police. You can testify on behalf of your boyfriend, but the judge could still convict him if she chooses to believe the police. It is an up hill battle. Please call for an appointment, since your boyfriend will need a lawyer.

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Answered on 9/15/08, 2:41 pm


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