My Wife Wants To Drop Domestic Violence Charges … No Problem In State?

Author: Joe Pioletti Posted on: . Filed in: Family Law.

Domestic violence charges are very serious accusations that result in severe penalties including jail time. Because the state of Illinois puts a high priority on protecting the victims of domestic violence, law enforcement officers are required to arrest an offender if the officers witness any sign of injury to the victim. Domestic violence charges favor the alleged victim; therefore, you need an experienced domestic violence defense attorney to protect your rights if you have been charged with domestic violence.

Illinois has a “No Drop” Policy for Domestic Violence Charges

As part of the state’s efforts to stop domestic violence in Illinois, the state has adopted a “no drop” policy with regard to domestic violence charges. What that means is that even if your wife wants to drop the domestic violence charges, the state may continue to pursue the charge against you without your wife’s consent.

The prosecutor handling the case, not your wife, will make the final decision whether to try the case or drop the domestic violence charges. This policy is designed to prevent offenders from pressuring their wife to drop the charges even though domestic violence occurred and the wife was injured. By putting the decision in the prosecutor’s hands rather than the alleged victim, the state is able to continue the prosecution even if the victim changes her story.

In most cases, if there is sufficient evidence that the wife was injured as a result of domestic violence, the prosecutor will continue the case even if the wife requests that the domestic violence charges be dropped.

Can the State Make a Wife Testify Against Her Husband?

Defendants can claim their right against self-incrimination under the Fifth Amendment to the Constitution of the United States to avoid testifying at their trial. Illinois law provides that spouses cannot be forced to testify against their husband or wife as to confidential communications between the spouses. However, domestic violence charges are criminal charges and they are not considered confidential communications between spouses. Therefore, a wife may be compelled to testify against her husband as the complaining witness.

Domestic violence charges are complicated and complex criminal charges that require the experience and knowledge of a competent Illinois domestic abuse attorney. In some cases, domestic violence charges are false accusations or they are made in the heat of the moment when there is no actual factual basis for the charge. Because the consequences of a guilty verdict can be severe, anyone facing domestic violence charges should contact our office immediately to schedule a consultation with one of our attorneys. Our attorneys aggressively fight on behave of our clients to ensure that their rights are protected inside and outside of the courtroom.

Contact Our Office for a Consultation with an Experienced Illinois Domestic Abuse Attorney

The attorneys of Pioletti & Pioletti represent individuals who need experienced criminal defense attorneys. Serving clients throughout McLean, Woodford, Tazewell and Peoria counties by providing compassionate, competent legal services. We offer free consultations. You can contact our office by calling 309-938-4838.

When you need the assistance of an experienced criminal defense attorney in Central Illinois, call the compassionate and skilled attorneys of Pioletti & Pioletti. We are dedicated to giving our clients exceptional service and support.

Joe Pioletti

Joe Pioletti

Attorney Joe C. Pioletti was born and raised in Eureka, IL.Joe received his Bachelor of Arts Degree in Business Management from Eureka College where he also minored in Spanish.Joe then received his Juris Doctor from Southern Illinois University School of Law.While in law school Joe worked in the Domestic Violence Advocacy Clinic and was a three-time recipient of the Charter Class Campaign for Academic Excellence Scholarship.
Joe Pioletti