Dropping Domestic Battery Charges

alarson · #1 10-21-2007, 06:34 PM

Currently, I am dealing with a domestic battery case with my ex boyfriend. In which I was the victim. I currently reside in Illinois and this happened in July 07. At this point, my ex boyfriend has dramaticly taken the steps he needs to recieve help in this problem. Although, There was a police report and we have had two court dates both resulting in a continuance.

At this point I have decided to drop the charges, but before doing so, I need to know what to expect and how to do so. Will the state of Illinois not allow me to drop the charges(thats what i keep seeing)? What type of procedure do i have to go through to actually drop everything? Is there a possiblity he will still recieve time in jail even if I drop it? Do I have to go to the next court date and tell my State's attorney? This is really all another language to me.

I would sincerely appreciate some help understanding what to expect next if i preceed to drop this.

Thank you very much

jk · #2 10-21-2007, 07:19 PM

Quote:

At this point I have decided to drop the charges, but before doing so, I need to know what to expect and how to do so. Will the state of Illinois not allow me to drop the charges(thats what i keep seeing)? What type of procedure do i have to go through to actually drop everything? Is there a possiblity he will still recieve time in jail even if I drop it? Do I have to go to the next court date and tell my State's attorney? This is really all another language to me.

Since you aren't pressing the charges (the state is) you cannot drop the charges. At this point, you have become a witness and a victim.

If things are as you state, I would suspect the state will take notice and his punishment may be adjusted accordingly.

alarson · #3 10-21-2007, 08:02 PM

Originally, I spoke with the states attorney proclaiming, YES, I would like to press charges. But changed my mind before anything was decided in court. My states attroney is not aware of this yet. Does this change anything??

We have attended two court dates so far and at both he wasn't given a sentence.

(Thank you for your quick responses)

jk · #4 10-21-2007, 09:03 PM

You can ask the prosecutor if they will drop the charges but what typically happens is what I described before and they do not need you to press the charges since they are. All they needed you for is to file the initial complaint.

You also need to be careful as to what you do now. You need to be sure you do not do anything that would cause them to charge you with filing a false report.

If they do go forward with the charges, they will subpeona you to appear in court and expect you to be honest on the stand.
and he wasn't given a sentence yet presumable because he has not plead or been found guilty in court.