Legal Question in Family Law in Illinois
Options for Domestic Battery defense.
I was arrested for Domestic Battery. I have no record whatsoever, not even a speeding ticket. My wife and I are seeking counseling and have made amends. Now we want to ensure that I do not see jail time, since I will lose my job and we will lose our home. We have been told that the charges will be dismissed if she does not show up for court. Is this true?
2 Answers from Attorneys
Re: Options for Domestic Battery defense.
Yes and No. From a practical matter it is difficult for the prosecution to prove the case without the witness to the attack. However, the prosecutor could potentially attempt to force your wife to testify. It is not your decision nor your wife's decision as to whether you do jail time or stand trial. It is the decision of the state's attorney as to whether they decide they do not want to prosecute. It is up to the judge whether you do jail time if you are found guilty.
The best way to avoid this situation again is to not do the crime.
Re: Options for Domestic Battery defense.
Most often, it is dismissed. However, a crime is prosecuted by the state and they have the option, NOT you or your wife. However, it can be difficult for them to pursue something like this without a cooperating witness.
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