Is it possible for the state of Illinois to charge you with domestic battery, even if your spouse doesn’t accuse you of it? Absolutely. This guide explains.
Can the State of Illinois Charge You With Domestic Battery if Your Spouse Doesn’t Cooperate?
There are many cases of domestic battery in which neither party has accused the other, but someone still gets convicted and goes to jail. That’s because the state of Illinois doesn’t need an alleged victim’s permission to pursue charges against someone for domestic battery. In fact, even if your partner or significant other denies that you committed domestic battery against them, the state can pursue charges.
Related: 7 reasons you shouldn’t represent yourself in a domestic battery case
What if the Victim Takes Back Their Statement?
Even if an alleged victim takes back their statement against you, the state of Illinois may still choose to pursue charges and attempt to get you convicted in court. If the state has evidence it believes proves that you committed domestic violence against another person, the state’s attorney – the prosecutor – will follow up on the charges and take you to court.
Related: 3 common myths about domestic battery in Illinois
Can You Be Convicted of Domestic Battery if the Alleged Victim Doesn’t Cooperate?
If your alleged victim refuses to cooperate with the police or with the court, even if they won’t testify against you, it’s still possible for a court to convict you of domestic battery. That’s because after the prosecutor decides to pursue a case, it’s out of the alleged victim’s hands. The prosecutor will be allowed to present evidence to the court, regardless of what anyone else says or does.
Do You Need to Talk to an Attorney About Domestic Battery Defense?
If you need to talk to a domestic battery defense attorney in Illinois, we’re here to help. Call us at 847-920-4540 now – we’ll be happy to give you a free consultation and talk to you about your options.
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