Can a spouse be arrested for domestic battery?

If a spouse is accused of domestic battery under 720 ILCS 5/12-3.2, that is not a confidential communication. Rather, the act was a criminal offense. Therefore, the court would say the complaining witness must testify against the defendant. An arrest for domestic battery presents a complicated situation.

Who is the complainant in a domestic battery case?

The State’s Attorney has authority over the case and complete discretion as to which cases will be prosecuted. Judges and attorneys refer to the victim as the complaining witness, because that is who made the complaint (eg, the 911 call that resulted in the arrest).

Why does a prosecutor drop a domestic battery case?

A prosecutor may also feel the evidence of a domestic battery is insufficient because the victim’s credibility is suspect 5. For example, the victim may have a history of the following: Making false accusations in the past, or

Can a spouse be accused of domestic battery under ILCs?

The privilege protects things that are said in private between spouses. If a spouse is accused of domestic battery under 720 ILCS 5/12-3.2, that is not a confidential communication. Rather, the act was a criminal offense. Therefore, the court would say the complaining witness must testify against the defendant.

Why was my husband arrested for domestic violence?

We’ve been married 5 years and he has no criminal record. I don’t know what got into him but he lost it and ended up slapping me, leaving a bruise on my face. The neighbors heard the commotion, the cops arrived, and my husband was arrested on the grounds of domestic violence.