A husband and wife who have been married for 15 years have been arguing more than usual lately. The pandemic put pressure on them, and the stress of working long hours while trying to raise three kids has taken a toll on their marriage. The wife decides that she would like to finally go back to school and finish her master's degree to apply for a promotion at work. Her husband agrees that he will help with the children so she can attend her classes, complete her assignments, and succeed at finishing her degree.
However, as football season approaches, her husband starts to avoid his responsibilities taking care of the children so she can study. Instead, he leaves to go watch games with his friends. One night, the wife decides she has had enough. After he comes home drunk while she has been trying without success to study all night, she snaps and throws a hand weight at his head. She calls 911 because he is bleeding profusely, and she is eventually charged with domestic violence.
What Happens When the Victim Does Not Want to Press Charges?
Once the husband sobers up and receives medical care, he realizes what happened. He is angry, but the couple decides that they want to try to get help and work on their marriage. Can the wife still face domestic violence charges, even though the husband does not want her to be prosecuted? The answer is yes, although it is less likely that prosecutors will press charges when the family member who is the victim does not want to cooperate. Ultimately, prosecutors represent the state of Illinois and have the final say in which cases they pursue.
What Happens After a Domestic Violence Charge in Illinois?
Every year, people find themselves facing domestic violence charges. An argument can become violent in the heat of a moment, especially when discussing difficult and emotional subjects. In Illinois, when someone is arrested for domestic violence, the charge is called a domestic battery. The defendant will be taken before the judge, who will order the defendant to stop contacting the victim.
By law, the judge must order that the defendant have no contact with the alleged victim for at least 72 hours. Even if the alleged victim and the perpetrator have made up and are on good terms, this is the case. The defendant will not be able to communicate or contact the victim at all during the 72 hours. If the defendant violates the no contact order, he or she will face additional criminal penalties.
Additionally, the defendant will not be able to remain in the victim's residence during that time. The judge can choose to extend this prohibition beyond 72 hours and order no contact until the case is resolved. The victim's attorney and the prosecutor will begin negotiating, and if the case is not dismissed and the defendant does not accept a plea bargain, the case will go to trial.
Discuss Your Domestic Violence Case With a Skilled Lawyer
At Glasgow & Olsson, our award-winning criminal defense lawyers have a proven track record of success in many high-profile state and federal criminal cases. Contact Glasgow & Olsson today to schedule your initial consultation to learn how our legal team can fight for your rights if you have been wrongfully charged with domestic battery.