Domestic Battery Charges Dismissed in Will County
Will County Domestic Battery Case Dismissed
Location: Will County Courthouse, Joliet, IL Charge: Domestic Battery (720 ILCS 5/12-3.2) Outcome: Case Dismissed
The Challenge: Our client was facing serious allegations of domestic battery in Will County. A conviction for domestic battery in Illinois carries permanent consequences, as it is one of the few offenses that cannot be expunged or sealed from a criminal record. Additionally, a conviction results in the mandatory loss of firearm rights (FOID card) under federal and state law.
Our Strategy: Upon being retained, we immediately conducted an independent investigation into the events leading up to the arrest. Our legal team focused on several key areas:
Witness Credibility: We identified inconsistencies between the initial police reports and subsequent statements made by the complaining witness.
Evidentiary Issues: We scrutinized the evidence collected at the scene, noting a lack of physical corroboration for the allegations presented.
Pre-Trial Advocacy: We maintained open communication with the Will County State’s Attorney’s Office, presenting the weaknesses in their case and highlighting our client’s lack of prior criminal history.
The Result: Through persistent advocacy and a thorough preparation for trial, we demonstrated that the prosecution could not meet its burden of proving the case beyond a reasonable doubt. On the scheduled court date at the Joliet courthouse, the State’s Attorney moved to dismiss all charges against our client.
Contact the Law Offices of Mitch Furman: If you are facing domestic battery charges in Will County or the surrounding Chicago area, you need an aggressive defense to protect your future. Contact us today for a free consultation to discuss your rights and your options.
Frequently Asked Questions
Can a domestic battery charge be expunged in Illinois if it is dismissed?
Yes. In Illinois, if a domestic battery case is dismissed (entered as a nolle prosequi or a finding of not guilty), you are generally eligible to petition the court to expunge or seal the record. However, if you are convicted or receive supervision, the law currently prohibits expungement for this specific offense.
What is the difference between Domestic Battery and Battery in Will County?
While both involve physical contact of an insulting or provoking nature, Domestic Battery (720 ILCS 5/12-3.2) specifically applies to “family or household members.” This includes spouses, ex-spouses, parents, children, people who share a home, or people who have a dating relationship.
Do I lose my FOID card if a domestic battery case is dismissed?
If the charges are fully dismissed, you should generally be able to retain or reinstate your FOID card and firearm rights. Firearm rights are typically only revoked upon a conviction or a specific court order (like an Order of Protection).
Where is the Will County Courthouse located?
Domestic battery cases in Will County are heard at the Will County Courthouse located at 100 W. Jefferson Street, Joliet, IL 60432. It is a modern facility where most criminal and family law matters are adjudicated.
What happens if the complaining witness doesn't show up in a Will County court?
While many believe the case is automatically dropped if the witness is absent, the State’s Attorney can still attempt to prosecute the case using other evidence, such as 911 calls or body-cam footage. However, a witness’s absence often creates significant leverage for the defense to push for a dismissal.
Court houses we often appear at are located at:
Cook County
- George N. Leighton Criminal Court Building 2600 S, California Avenue, Chicago, IL.
- Skokie Courthouse, 2nd District Cook County. Located at 5600 Old Orchard Rd., Skokie, IL.
- Rolling Meadows Courthouse, 3rd District, Cook County. Located at 2121 Euclid Ave., Rolling Meadows, IL.
- Maywood Courthouse, 4th District, Cook County. Located at 1311 Maybrook Dr, Maywood, IL.
- Bridgeview Courthouse, 5th District, Cook County. Located at 10220 S 76th Ave., Bridgeview, IL.
- Markham Courthouse, 6th District, Cook County. Located at 16501 Kedzie Ave, Markham, IL.
- Branch 23 & 29 5555 W. Grand Ave., Chicago, IL.
- Branch 35 & 38 727 E. 111th St., Chicago, IL.
- Branch 43 & 44 3150 W. Flournoy St., Chicago, IL.
- Domestic Violence Courthouse 555 W. Harrison St., Chicago, IL
- Cook County Juvenile Center 2245 W. Ogden Avenue, Chicago, IL
DuPage County
- DuPage County Court, 505 N County Farm Rd, Wheaton, IL 60187
Will County
- Will County Court, 100 W. Jefferson Street, Joliet, IL 60432
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