Do Domestic Violence Cases Ever Get Dismissed in Illinois?

Do domestic violence cases ever get dismissed in Illinois? Here’s what you need to know if you’re facing domestic battery charges in Chicago, Skokie or Rolling Meadows.

Do Domestic Violence Cases Ever Get Dismissed in Illinois?

Sometimes domestic violence cases get dismissed in Illinois. However, that usually only happens when there isn’t enough evidence to convict you – or when proof surfaces that you’re not guilty.

Here’s how a domestic violence dismissal works.

#1. You’re accused of domestic battery or aggravated domestic battery. (And at the same time, an order of protection is issued against you.)

#2. The prosecutor gathers evidence to use against you in court.

#3. Your domestic battery defense attorney shares evidence with the prosecutor that shows you’re not guilty, or the prosecutor realizes that he or she doesn’t have enough evidence to convict you. This doesn’t always happen, though. Sometimes you go straight to #4.

#4. A judge hears your case in court.

#5. The prosecutor does not have enough evidence to prove that you committed the crime of domestic battery, so the judge dismisses your case.

Domestic violence cases don’t always get dismissed, though. Sometimes the court finds the defendant (the person accused of the crime) to be guilty, and sometimes the court finds the defendant not guilty.

Related: What should you do if someone gets an order of protection against you?

Is “Not Guilty” the Same as Having a Domestic Violence Charge Dismissed?

Being found not guilty is not the same as having a domestic violence charge dismissed, but in both situations, you’ll be considered not guilty of the crime. You can also clear the arrest from your criminal record, and you won’t have a conviction on your record.

Related: Is emotional abuse considered domestic battery?

Can You Get Your Own Domestic Violence Case Dismissed?

There’s never any way to predict how a judge will rule or whether a prosecutor will drop the case against you. However, you have the right to legal representation, and your attorney can evaluate your case and let you know what your options are.

Call us at 847-920-4540 or fill out the form below to get a free consultation with an experienced attorney who understands Illinois’ domestic violence laws. We’ll be happy to answer your questions and develop a strategy that gets you the best possible outcome.