request
X

FREE CONSULTATION

Thank you for your interest in The Law Offices of Andrew M. Weisberg. Please fill out the form below and we will be in touch soon

*Indicates Required Fields

bbb-rating

Call Today for a FREE CONSULTATION

SE HABLA ESPAÑOL

(773) 908-9811

AVAILABLE 24 HOURS/7 DAYS

menu

X

request

(773) 908-9811

AVAILABLE 24 HOURS/7 DAYS

FOLLOW US:

Aggressive. Experienced.

Chicago Criminal Defense Attorney
Former Cook County Felony Prosecutor

blog_homeBlog Home

Domestic Violence: Victims Can Refuse to Cooperate, but the Prosecution Calls the Shots

If the police are summoned to the scene of reported domestic violence, you can just about bet your last ten bucks that someone will be going to jail. In the case of wrestling legend Scott Hall, police arrested him Friday despite Hall’s insistence that he had never been violent with girlfriend Lisa Howell. Though Ms. Hall initially reported that Hall grabbed her by the throat and tried to pull her out of her car, she later claimed that there was no physical abuse. Which brings us to an often misunderstood issue of a victim’s ability to drop charges, refuse to press charges, refuse to cooperate, etc.

 

Once a domestic violence report is made, it matters not whether the victim, also known as the “complaining witness” decides to pursue charges or not. Once police are involved, the situation is no longer at the discretion of the victim. In Chicago, the prosecution decides whether to pursue or drop charges for domestic violence. Though the complaining witness may backpedal, which is often the case after deciding that they overreacted or because the parties have made nice and would like to continue without further issue on the matter, the prosecution is now calling the shots. The complaining witness may refuse to sign a complaint or attempt to make a written statement to make the charges go away, but it has little to no impact as to how the prosecution will proceed. If the prosecution so chooses, the case will move forward with or without the cooperation of the victim. And a complaining witness can be forced to testify.

 

Domestic violence cases are very sticky situations for numerous reasons, and the tentacles are far reaching, beginning with the arrest, and including protective orders, penalties imposed for the charges, as well as lifelong consequences after the fact. Andrew Weisberg is an experienced domestic violence attorney in Chicago who knows all too well how this system works and, as a former prosecutor, has a strong command of what the prosecutors are facing when making decisions with regard to the outcome of your domestic violence charge. Too many things can go dreadfully wrong in a domestic violence charge—put your case in the hands of a tried and true attorney with the experience to get the best outcome possible.

 

Domestic Violence Attorney Chicago – No matter how straightforward or complex your domestic violence charge, Andrew M. Weisberg is a domestic violence attorney in Chicago known for tough, aggressive defense. A former felony prosecutor, Attorney Weisberg has extensive experience in handling all types of criminal cases, from sex offenses and violent crimes to theft-related crimes and traffic violations. To contact Mr. Weisberg, visit https://www.chicagocriminallawyer.com/ or call his cell phone 24/7 at (773) 908-9811 or Text LAWYER to 25827 for prompt call back. The consultation is free.

Our Blog

How Aggravating Factors Can Affect Your IL Sentence

Aggravating Factors

Sometimes after a crime takes place, the perpetrator finds themselves in more serious trouble than they initially expected. Some charges contain what we call aggravating factors – and these factors can significantly worsen the penalties for a crime.

Recently, a man on a Chicago train in the Cermak Road area was stabbed in the face. Police don’t know what motivated the attack yet, but any discovered motivations could be considered aggravating factors in the crime. These could increase the sentencing

[...]

IL Domestic Violence Prosecutions Down, But You Can Still Be Charged

Domestic Assault | Domestic Battery | Domestic Violence

The COVID-19 pandemic has impacted every single aspect of our lives, including how we get along with people in our own household.

According to the Illinois Domestic Violence Hotline, tensions between people quarantined together at home have resulted in more calls to the hotline in 2020. In fact, they report a 16 percent increase in the overall calls compared to the same time in the previous year.

Yet even as calls for help from domestic violence situations skyrocketed, the number

[...]
Law Offices of Andrew Weisberg