Re: Domestic Violence Where The Alleged Victim Doesn't Want to Prosecute
obviously the answer is yes.
question 1 can i be arrested if she said she didn't want me arrested nor wanted to press charges
yes and testifying is not her choice. see next answer.
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
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.
question 3 does she have to go to court can she be forced to
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.
I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.