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  1. #1
    Join Date
    Apr 2011
    Posts
    4

    Default Domestic Battery Against Live-in Boyfriend 2 Years Ago and Now a PTR

    My question involves criminal law for the state of: Illinois

    In May 2008 I was charged with Domestic Battery against my live-in boyfriend (we still live together). In a synopsis: We got into an arguement about pictures of him with another girl (current pictures at the time). He left the house and while he was gone I locked him out of the house (he has a HORRIBLE temper) and called my exhusband to make arrangements for me to come over to his place. While on the phone my boyfriend climbed in through a window and began screaming at me in a threatening manner as well as push me around he even pushed me down at one point. To get him off of me I grabbed him by the throat and accidently left fingernail marks on his neck, left the house and began walking over to my exhusband's when the police stopped me. (Mind you I was on the phone with my exhusband from the time he climbed in through the window til the time the police stopped me) They (police) asked me what was going on and I told them but I did lie and say he didn't put a hand on me. Both my boyfriend and I told the police that I was on the phone with my exhusband and they took down his name and phone number to call him to find out what had transpired. They never called him and I was arrested, my boyfriend was not. My boyfriend went down to the state's attorney office and filled out all the proper paperwork to stop prosecution and took blame for the arguement. I also filed a counterclaim and admitted my untruthfulness to the police. My boyfriend has 3 unregistered rifles, a blue belt in 4 styles of karate, has broken bones including my sternum and back (once hitting and the other kicking), has broken his exwife's nose, stabbed somebody in the past, along with numerous other assults (ie broken noses he stated approx 13 of them, dragging people out of cars through windows etc which he is quite proud of and laughs about) but has never been arrested for any of them and if he did he got out of it cause he knew someone. Due to being a RN and Domestic Battery/Battery being a disqualifying conviction for licensure, I took a plea agreement. BTW...I am 5'1 and at the time 82 pounds he is 6'0 and 245 ibs. I have always regretted taking the deal. I got a fine and 2 years court supervision with the charge dropped to simple battery still a disqualifying condition. Now, with court supervision being up in June of 2011 I am now socked with a PTR because I got a DUI in September of 2010. I know I should not of been drinking but I did. I am now on probation for 2 years for that case. I went to see my probation officer and was arrested because I missed a court date the date before which I knew nothing about because I was never served with the paperwork. I have been looking up statutes and have found that 735 ILSC that they cannot hold me in contempt due to not being served the papers but that is what they did. What are my chances here? What am I looking at? I am back in school to be a paralegal and have been looking up cases on Lexis Nexis but can only found cases that pertain to me for juvenile offenders. My boyfriend wants to do whatever he has to to try and help me resolve this matter. I am at a loss and I do not want to loose my RN for good. I don't have money for an attorney but I am afraid to go at this alone. Any advice? I'm a good person who has made poor decisions.

    Also, I do have voicemails that I have saved showing what I have lived with and threats he makes against me.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Domestic Battery Against Live-in Boyfriend 2 Years Ago and Now a PTR

    You need to team up with a good lawyer and hope that the judge shows some flexibility given the issues relating to your license.

    When you choose to drive drunk while on probation, it's no surprise that you end up with a petition to revoke, and as a probation violation is tried on the basis of a preponderance of the evidence they can be very difficult to beat even when the facts are decent. And from what you have told us, your facts are bad.

    The original charge has nothing to do with your present situation. When you chose to plead guilty and state, under oath, sufficient facts to support your conviction for the plea bargained offense, you made your history with your boyfriend irrelevant.

  3. #3
    Join Date
    Apr 2011
    Posts
    4

    Default Re: Domestic Battery Against Live-in Boyfriend 2 Years Ago and Now a PTR

    Thank you for your reply. I wish I could afford an attorney. As for probation....for the domestic battery I was not on probation but court supervision and it is the court supervision that they are trying to revoke.

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