Domestic Violence Where The Alleged Victim Doesn't Want to Prosecute

[froster69]

My question involves criminal law for the state of: Illinois I was arrested for domestic battery. My girlfriend who odes not live with me got into an argument in my house and she called 911 and said i wouldn't allow her to leave. The cops came and i was arrested she told the cops that i never hit her that she hit me i said the same she also said she did not want to press charges but i was still arrested. I spent the night in jail and bailed out in the morning for 200 dollars. I have never been arrested in my life i have no priors or a record

question 1 can i be arrested if she said she didn't want me arrested nor wanted to press charges
question 2 Me and a girlfriend are still together and on good terms and she said she is not going to court can i still be charged with domestic batter if she does not testify
question 3 does she have to go to court can she be forced to

[jk]

=froster69;275286]
question 1 can i be arrested if she said she didn't want me arrested nor wanted to press charges

obviously the answer is yes.

question 2 Me and a girlfriend are still together and on good terms and she said she is not going to court can i still be charged with domestic batter if she does not testify

yes and testifying is not her choice. see next answer.

question 3 does she have to go to court can she be forced to

why, yes she can. Once she made the complaint, it is out of her hands. She is now a victim and a witness. The state is the complainant. It will be; You v. state of Illinois.

she will be subpeonaed into court to testify, if they prosecute and they want her to testify. If she refuses, she will face legal problems of her own.

if there was no actual physical contact on your part, the DA may realize this and refuse to prosecute. It does sound like some sort of forced confinement law would be applicable though.

The police have to take certain actions due to some killings in the past where they did not because everybody claimed everything was ok when the police were there. They left and and things escalated and somebody got killed. Now, many states require the police to remove somebody from a situation if it involves any physical contact. Not sure why it was you though, based on your info, especially in your own house but I would have thought criminal confinement of something similar.

[BOR]

question 1 can i be arrested if she said she didn't want me arrested nor wanted to press charges

Most states now have a MANDATORY arrest statute on a DV call when they see visible signs of injury, etc. The fact a person does not want to press charges after police are on scene is not material.


Before, at times, officers had discretion to arrest/cite.