If you’ve been accused of domestic violence (the formal charge in Illinois is domestic battery), it may be possible to have your case dismissed. However, that doesn’t happen except in very limited circumstances. Here’s what you need to know.
It is possible to get a DV (domestic violence) case dismissed, but if the prosecution believes they have plenty of evidence that shows you’re guilty of committing the crime of domestic battery, the case will go to trial.
Typically, domestic battery cases are only dismissed when the prosecutor realizes they don’t have enough evidence to win a conviction in court.
It’s important to note that the alleged victim can’t “drop the charges” or prevent the state from building a case against you. After the police become involved and arrest someone for domestic violence, it’s out of the alleged victim’s hands. The police aren’t going to ask, “Do you want to press charges?” – and they’re certainly not going to forget that anything ever happened, even if the victim says they lied about the whole thing and that they don’t want anyone to get into trouble.
The prosecution can move forward with the case, even without the alleged victim’s cooperation. And victims can’t simply refuse to testify, either. If the court compels them (forces) them to testify and they refuse, a judge can hold them in contempt of court – and they can be fined or even sent to jail.
Remember: After the police are called, a domestic violence case is out of everyone’s hands. Only the state can decide whether to pursue or drop charges.
How Can a Lawyer Get a DV Case Dismissed?
A domestic battery defense attorney may be able to talk to the prosecution before trial and convince the prosecuting attorney that there just isn’t enough evidence to convict you. If you have an alibi – a story that proves you were somewhere else at the time of the alleged incident, for example – your attorney may share that with the prosecutor in an attempt to show the prosecutor that the state is likely to lose the case.
If your attorney can show the prosecutor that the state won’t win the case, there’s a chance that the prosecutor will drop it.
Additionally, a judge can dismiss a case when there just isn’t enough evidence to convict you.
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.