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RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 13011
Experience:  Experienced in multiple areas of the law.
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My husband was intoxicated, I called him the 'F' bomb & he

Customer Question

My husband was intoxicated, I called him the 'F' bomb & he hit me pretty hard in the chest. Our grandson was here at the time but he really didn't see it. I was angry so called police. Now he is charged with 2 counts of domestic battery. He has never done this before. It had been a really bad day for both of it. I'm afraid he'll lose his job & then so our house, insurance benefits, everything. I am scared to death. I shouldn"t have called police. I feel I messed our whole existence up now. What are the chances he be convicted as a felony?
JA: What state is this in? And can you tell me a little more about the charge?
Customer: Illinois
JA: Has anything been filed or reported?
Customer: I don't know. Someone called me the other day [dumb I don't even know who she was] & said I couldn't drop the charges now & it was out of my hands.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Are the 2 counts going to make it worse. I guess 2 because a minor was here? I'm a nervous wreck!
Submitted: 3 months ago.
Category: Legal
Expert:  RobertJDFL replied 3 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 3 months ago.

Illinois has a "no drop" policy for domestic violence charges, unfortunately.

As part of the state’s efforts to stop domestic violence in Illinois, the state has adopted a “no drop” policy with regard to domestic violence charges. What that means is that even if you want to drop the domestic violence charges, the state may continue to pursue the charge against you without your consent.

The prosecutor handling the case, not you, will make the final decision whether to try the case or drop the domestic violence charges. This policy is designed to prevent offenders from pressuring a spouse to drop the charges even though domestic violence occurred and the wife was injured. By putting the decision in the prosecutor’s hands rather than the alleged victim, the state is able to continue the prosecution even if the vic***** *****ges their story.

In most cases, if there is sufficient evidence that you were injured as a result of domestic violence, the prosecutor will continue the case even if you request that the domestic violence charges be dropped.

Illinois law provides that spouses cannot be forced to testify against their husband or wife as to confidential communications between the spouses. However, domestic violence charges are criminal charges and they are not considered confidential communications between spouses. Therefore, a wife may be compelled to testify against her husband as the complaining witness.

Obviously, having two charges is worse than one, but without knowing the specific nature of both charges I can't tell you what the potential penalties are. Domestic battery is a misdemeanor. A case in which an individual claims he or she was battered during an argument that actually occurred is more difficult to defend, but not impossible. Frequently it can be established that the complaining witness (you) had no visible injuries and received no medical treatment.

If there's no viable defense, and the prosecutor will not agree to dismiss the charge, your spouse may be eligible for what is called diversion. Diversion is offered in the discretion of the prosecutor and not offered in every county, necessarily -but the way diversion works is that a defendant in exchange for completing terms set out by the court (such as probation, community service, and a batterer's intervention/anger management class) will have the charges dismissed.

Expert:  RobertJDFL replied 3 months ago.

I, like the other Experts on this site, am here to assist customers like you. However, we do so in anticipation of being paid for our efforts, just like other professionals do, since this is our livelihood and not a hobby. To that end, I am more than happy to clarify my answer to you and answer any related follow up questions that you might have. In return, I ask that you show good faith in compliance with the Terms of Service by accepting my answer, whether the news is good or bad, so that I will be paid for my efforts. Thank you!