He-Said, She-Said Domestic Violence Charges

He-said, she-said domestic violence charges are levied against people in Chicago every day. That’s because in many cases, the police don’t have much to go on – but will he-said, she-said domestic violence charges stick? Will you go to prison for domestic battery if it’s your word against someone else’s? This guide explains. 

First things first: If you end up in court because you’ve been charged with domestic battery, it’s not up to you to prove that you’re innocent. It’s up to the prosecutor to prove that you’re guilty, and if the prosecutor can’t do that, you’ll be found not guilty.

But that aside, what happens when it’s a he-said, she-said domestic violence case? 

If you say one thing and the alleged victim says another, who is the jury supposed to believe? 

It all boils down to evidence. The prosecutor needs evidence to prove to the jury (or the judge, if it’s not a jury trial) that you’re guilty of domestic battery. Evidence could include things like witness statements or testimony in court, photos of injuries that the police took of the alleged victim, or medical reports from after the incident.

Related: What’s the max punishment for domestic battery?

What Your Lawyer Will Do in a He-Said, She-Said Domestic Violence Case

Your domestic battery defense attorney may work to show the judge and jury that the prosecutor doesn’t have enough evidence to prove that you’re guilty of committing the crime. In a he-said, she-said case, there’s no evidence; just the statements of the two people involved. If there’s no hard evidence that the judge and jury can consider (meaning that they have to go on your word versus the alleged victim’s word), the prosecution will have a very difficult time proving that you’re guilty.

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.