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  1. #1
    Join Date
    Feb 2010
    Location
    Cook County, Illinois
    Posts
    1

    Default Cook County, Illinois, Domestic Violence While on Parole

    My question involves criminal law for the state of: Illinois

    Here is the situation:
    My boyfriend is on Parole for driving on a revoked license.
    Served 180 days in Illinois Department of Corrections
    He has one year parole in which 8 months are complete.
    We live together in my home.

    Afte a night of too much drinking (of course right?) we got into a heated arguement. I called his brother to come get him because I wanted him out of the house. When my boyfriend found out that I called his brother, he got extremely angry, called his brother back, and told him to come pick him up. He packed his overnight bag, and then I realized maybe I should call my sister over just for family support while this was going on. He decided to hold my phone hostage because he had some crazy idea I was going to call 911. I began to try to get my phone and he pushed me away and said "no, just wait til my brother comes" so I went to use the land line and he tackled me on the sofa and pulled the phone out of the wall. Was a crazy moment of insanity, in which I then decided to go to my neighbors (good friend) he proceeded to try to block me from leaving the home, in which I fell down three stairs. Eventually I ran to the neighbor and they called 911. My boyfriend in the meantime, decided to run, hop my back fence and try to get away. They found him a block over and arrested him. I told the police that I just wanted him out of my home and that I did not want to press charges. I am not one of those abused crazy women that holds onto an abusive man. He is nonviolent, he helps raise my two children everyday, he is a good man trying to put his past behind him. Now he is being held on a no bond warrant for violating parole, with a pending court date in 2 weeks for DV. It states in the police report that I didnt want any charges pressed, that I just wanted him to leave our home, and it also states that he admitted to pushing me. Also, my lawyer told me the issue about the phone is written in the report, although it says the phone was "shattered" on the ground. I didnt go to pretrial and now have been served a subpoena via mail. Is a mailed subpoena binding in Illinois? I just want this dismissed so he can have a chance to move forward productively and not serve any more jail time. He is a first time offender for DV. Any advice would be appreciated.

  2. #2
    Join Date
    Feb 2007
    Posts
    2,031

    Default Re: Cook County, Illinois, Domestic Violence While on Parole

    Are your children HIS children as well?

  3. #3

    Default Re: Cook County, Illinois, Domestic Violence While on Parole

    The prosecutor can listen to your request not to press charges, but they are not obligated to drop them if they have reason to believe that a crime was committed, particularly by someone already on probation.

    In some states, taking your phone away or pulling the one out of the wall so you couldn't call for assistance would be a criminal domestic violence charge, all by itself.

    Pushing you, that's a criminal charge,.

    Tackling you on the couch, that's a criminal charge.

    Blocking you from leaving the home, that's a criminal charge (heck in Florida it falls under the kidnapping statute). That you fell down three stairs isn't going to make the prosecutor feel warm and fuzzy towards him.

    I told the police that I just wanted him out of my home and that I did not want to press charges.
    Crimes are considered to be committed against ALL members of society, not just the victim. When what you describe to police constitutes a crime, they have an obligation to society to respond appropriately, even against the wishes of the vicitm.

    I am not one of those abused crazy women that holds onto an abusive man. He is nonviolent,
    Is there some definition of words like "push" and "tackle" and "grab" that the rest of us don't know about? If he was pushing, tackling, and grabbing your children, would you still consider those actions to be non-violent?

    Yes, if you've been properly served via mail, you have two choices: show up, or don't show up and face a warrant of your own for failure to appear. Whether you want to hold him accountable for his actions or not, the state will make every attempt to do so. If this had been a first offense, he probably could have gotten out of it with court ordered alcohol treatment and domestic violence counseling. However, since he was already on parole, ANY type of trouble he got in would be magnified. Did his parole include anything addressing drinking? Odds that a prosecutor will drop ANY type of charge on a parolee are small - and when they involve domestic violence, they'll work NOT to drop the case if possible, and offer a plea deal only if they feel they must.

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