Domestic Battery

Commonly Asked Questions about Domestic Battery

1. If the police are called to a domestic incident, are they required to make an arrest? There is no statutory requirement that an arrest be made. However, local policy results in an arrest at any such incident, and sometimes more than one party is arrested. 2. Can the “victim” in a domestic violence case simply drop the charges? No. The State of Illinois, through the office of the State’s Attorney, is in charge of the case on behalf of the victim. When a police report is made, it is made as if under oath. Making a false police report is a crime. Therefore, if the victim of an act of domestic violence tells the police about it and later changes his or her mind, that person can be subpoenaed, or compelled, to appear at the trial and give testimony against the accused. If the victim tells a different story at trial than was told to the police, that person can be charged with a criminal act. Failure to appear at trial if subpoenaed can also result in being found in contempt of court. Victims who change their minds once a case has commenced will not be taken seriously. 3. What about an Order of Protection? An Order of Protection is a separate proceeding which can, and often does, occur simultaneously with criminal proceedings for domestic battery. It is an added measure of protection for victims of domestic violence and carries an added array of penalties for those who are found to have committed such acts. While they begin as civil matters, they do carry the possibility of criminal punishment for violations. As with domestic battery, victims who commence such actions should be prepared to follow through with them.

RESOURCES A Woman’s Fund 384-4462 A Woman’s Place Shelter 384-4390 Toll-free 800-384-4390 http://www.awomansfund.org/awp/tour.html Family Service Family Counseling First call for Help (hotline) http://famservcc.org Illinois Coalition Against Domestic Violence http://www.ilcadv.org U of I RESOURCES Counseling...