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Why Am Only I Being Charged When My Partner And I Are Equally To Blame?


In almost every instance of domestic violence, the police will conduct an arrest. Oftentimes, they make this decision in order to protect themselves, as failing to conduct an arrest could allow for a second and potentially even more serious domestic violence event to occur. If this were to happen after the police had already been called, the officer or officers who decided not to initially conduct an arrest could wind up facing a lawsuit. Police generally will not make a judgment call as to who is to blame. One person is arrested and the court will make the determination if the accused committed the crime.

I Am Facing Domestic Violence Charges Even Though There is No Evidence Of Harm To My Spouse. How Can The Prosecutor Proceed With Charges Against Me?

There are a couple of different types of evidence in a domestic violence case, one of which is physical in nature. Physical evidence in a domestic violence case includes scratches, bruises, red marks, or anything else that would indicate that physical violence may have taken place. However, in many domestic violence cases, there is no physical evidence; the only evidence in these cases is the complaining witness’ testimony and allegation against the defendant. The absence of physical evidence to corroborate a complaining witness’ claim does not mean that the case will not proceed or that the defendant won’t be convicted. In some cases, however, the absence of physical evidence could tip the scales of credibility against the witness. For example, if the witness claims that the defendant punched them in the face but there is absolutely no evidence of the witness having been punched in the face, then they could lose some credibility, since punching is an act that is likely to leave a mark. Pushing, grabbing, or slapping are actions that are less likely to leave physical marks.

For more information on Being Charged With Domestic Violence In IL, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (815) 290-9170 today.

Donald N. Macneil, Esq.

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