QUESTION
How is it possible to have a domestic violence case against you dropped?
Asked on Jun 09th, 2012 on Domestic Violence - Illinois
More details to this question:
my boyfriend and I are both in college and we had an argument in my dorm room one night. the argument was physical but not harmful just stupid things like pouring juice on each other and pushing. however he did put his hands close to my neck not to choke me but to calm me down. at the time i thought he was so i grabbed my scissors pretending i would cut him. he then left i locked my door he came back wanting his cell phone. i refused to open the door because i was mad he called the police, they saw the room was a mess and the juice all over me and asked what happen. i am not a good liar at all so i told the entire story and they arrested him, i made it clear i didnt wanna press charges but they said they have no choice. he has had one court date since then and is due for another one june 11th i am afraid he will go to prison
1 ANSWER
Lori G. Levin
Please understand that many prosecutor offices in Illinois have a "no drop" policy on domestic violence cases. Other offices do not have such a policy. Based on such considerations, as well as the evidence against your boyfriend, such a prosecution may or may not be successful.
Moreover, you did not indicate whether or not your boyfriend is allowed to have contact with you during the pendency of this case. In other words, is there a pending civil order of protection or is there a condition of his bond that he have no contact with you? If so, and he does, he could face more severe punishment.
Your boyfriend make certain that he is represented by an attorney well versed in domestic violence cases. His counsel should be made aware of your feelings regarding proceeding with this case. The attorney can then determine the best course of proceeding, whether it be discussing the case with the prosecutor, or proceeding to trial.
Lori G. Levin
Attorney at Law
180 N. LaSalle, Suite 3700
Chicago, IL 60601
312-972-3756
levin@lorilevinlaw.com
www.lorilevinlaw.
Answered on Jun 11th, 2012 at 11:07 AM