Can My Spouse Drop the Domestic Battery Charges Against Me?

DuPage County Lawyers for Issues of Domestic Violence

Situations involving accusations of domestic violence can be difficult for everyone involved. A person who is accused of engaging in physical, verbal, emotional, or sexual abuse may face the ordeal of being arrested, charged with a crime, and dealing with damage to their personal reputation, their relationships with friends and family members, and their career. While a person who made accusations of domestic violence may have felt that the claims against a spouse or family member were legitimate, once things have cooled off, they may change their mind. In these cases, the parties involved may be unsure about the procedures followed and whether charges can be dropped.

It is important to understand that once domestic battery charges have been filed against you, the victim or complaining witness does not have the power or the right to get the charges against you dropped. Criminal charges can only be filed by the State's Attorney for the county where the incident occurred, and only the State's Attorney can drop the charges. As you work to address these charges and determine how you can defend yourself, it is crucial to have an experienced legal representative on your side. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we have represented clients in these situations, helping them respond to the accusations against them and working to build effective defense strategies during their criminal cases. We can also provide family law services to address divorce or child custody issues that may be related to accusations of domestic violence.

Understanding Domestic Battery Charges

Under Illinois law, domestic battery is usually a Class A misdemeanor, and a conviction carries maximum penalties of up to $2,500 in fines and up to 364 days in county jail. Court supervision is not an option in domestic battery cases, which means that a finding of guilt will result in a conviction that can never be erased or expunged in most cases. Because of these harsh penalties, it is crucial to take steps to defend against battery charges or other charges that may be related to accusations of domestic violence.

During your first court appearance for charges of domestic battery, the judge will lay out these terms to ensure that you fully understand them. It is not unusual for the person who originally filed the complaint—e.g. your spouse, your ex, or another family member—to hear the severity of the situation for the first time and then want to drop the charges against you. At this point, however, it may already be too late. While your family member's willingness to cooperate with law enforcement may affect the approach taken by the prosecution, it generally will not be the deciding factor in whether you will be charged or whether your case will be dropped.

The victim or any complaining witnesses are only part of a criminal prosecution. The rest of the case depends on evidence gathered by law enforcement and presented by prosecutors. In fact, your case will be entitled "People of the State of Illinois vs. You" rather than "your spouse vs. you" or "your ex-boyfriend vs. you." This means that your case is being prosecuted on behalf of every resident of Illinois, not just the family member who originally accused you. Victims of domestic battery have rights, but the right to dismiss the charges against you is not one of them.

Contact Our DuPage County Domestic Battery Defense Lawyers

If you are facing charges related to domestic violence, it is important to get qualified legal help right away. Contact Mirabella, Kincaid, Frederick & Mirabella, LLC by calling 630-665-7300 today. We serve clients throughout DuPage County, Kane County, and surrounding areas.