Am I Allowed To Speak With My Spouse During A Pending Domestic Violence Case?
In Illinois, every domestic violence incident must be followed by a 72-hour cooling-off period, which means that no contact can be had between the parties during those 72 hours. The alleged victim can also obtain an order of protection or restraining order, which is a separate order prohibiting the defendant from making contact with them or going to certain place for a specified period of time. Some judges make it a condition of the bail bond to have no contact with the complaining witness. These orders are designed to protect a complaining witness and the alleged victim. In these cases, it is the alleged victim who holds the power. Oftentimes, alleged victims acquire orders of protection, and then choose to make contact with the person whom they’ve claimed to need protection from, which is something that shouldn’t be allowed. However, at the end of the day, it is the alleged victim who holds the power in these cases. If for whatever reason things go bad down the line, it won’t be the alleged victim getting in trouble—it’ll be the defendant.
If a spouse or witness is interested to have contact with the accused, we can file a motion to remove the no-contact condition of bond and/or dismiss the order of protection. The initial 72 hours stay away order is by statute and cannot be shortened or removed.
When Police Were Called To My Home, I Was The Only One Arrested On The Spot; How Do They Determine Who Was The Aggressor?
Determining who was the aggressor in a domestic violence incident is a judgment call by the police, and they almost always arrest the male and consider the female to be the victim. The police will also use evidence at the scene to help them make a decision, such as the presence of scratches or bruises, witness statements, weapons, and other forms of physical evidence.
My Girlfriend Called The Police And Lied By Saying That I Hit Her. She Said She Is Willing To Recant Her Allegations. Is This Possible?
If the individual who made the original allegation wants to recant that allegation or no longer press charges against a defendant who has already been taken into custody, they would report this to the prosecutor, who at that point in the case would hold all of the power. The prosecutor would have the choice of pursuing the case regardless of the fact that the allegation has been recanted, or dismissing the case of the basis of the allegation having been recanted. If the prosecutor thinks they have a strong enough case to proceed without the complaining witness, then they might choose to do so.
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