Can the victim drop the domestic battery charges?
Only the prosecutor has the power and legal authority to start and end a prosecution for domestic violence. In Will County, the State’s Attorney will rarely, if ever, dismiss a domestic battery prosecution on the wishes of the complaining victim. You can learn more about domestic battery here.
What are the penalties for domestic battery?
Domestic battery is, most typically, charged as a class A misdemeanor, and carries a potential penalty of 364 days in jail. In certain circumstances, it can also be charged as a felony carrying more severe penalties.
Additionally, the law requires a mandatory criminal conviction for anyone found guilty of domestic violence. This is one of the most harsh misdemeanor offenses in Illinois due to the mandatory conviction.
How can a conviction for domestic battery be avoided?
A conviction for domestic violence can be avoided in several ways. Pursuing the case through trial with a resulting acquittal is the most obvious. Negotiating a disposition with the prosecutor to amend the charge to a simple battery can also be done in certain circumstances. A simple battery disposition allows for a disposition of court supervision, which is a sentence that avoids the entry of any criminal conviction.
How do I change the no contact requirement of my bail bond?
In Will County, the judge will typically enter a no-contact condition on a person’s bail upon being released from custody. This is a court order that prohibits any contact with the alleged victim, as well as the residence. This is an order that stays in effect until modified by another court order. It does not only stay in effect for 72 hours, as many people wrongfully believe.
However, the judge will typically allow for a modification of the no-contact order if the alleged victim is in agreement with the change. This requires the case to be brought back to the judge’s attention with valid reasons given to the judge why the change should occur.
Do I need an attorney for my domestic battery case?
Anyone has the right to represent themselves. However, due to the severity of the potential penalties for domestic battery and the complexity of the law of domestic violence, the judge will also strongly recommend that any person charged with domestic battery obtain the services of a competent and qualified criminal defense lawyer.