August 30, 2018 Articles

Domestic Violence: Jury Trials Recommended

There is a strong bias against defendants in domestic battery and order of protection cases.

By Ralph E. Guderian

Do not forsake me, oh my darling
. . . . . . . . . . . . . . . . . . . . . . . . . . .
 Although you’re grieving
 Don’t think of leaving. . . .

—High Noon

The definition of domestic violence, according to the State of Illinois, is “physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation.” Ill. Pub. Act 92-0253, 92d G.A., § 112A-3. Only a dating relationship as a minimum is required for domestic violence actions, and disagreements are not uncommon when two people are in an intimate relationship. Such quarrels and misunderstandings can lead to not only physical abuse but also false criminal charges and retaliatory filings for assault and battery. Thus, courts are jammed with domestic violence–related lawsuits. When such situations escalate to the courtroom, jury trials are preferable to bench trials for innocent clients.

Premium Content For:
  • Litigation Section
Join - Now