What Evidence is Used in Domestic Battery Cases in Illinois? Facing criminal charges in the state of Illinois? Attorney Andrew Russek from Combs Waterkotte discusses the evidence used in these types of cases. In domestic battery cases in Illinois, prosecutors rely on several types of evidence to prove the allegations beyond a reasonable doubt. Common evidence may include police reports, photographs of injuries, medical records, and body camera footage from responding officers.
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Interview Transcript
Scott Michael Dunn: So … what is the evidence in a domestic battery case? What kind of evidence is there beyond that?
Andrew Russek: The evidence can just be somebody’s testimony. But, that’s why a way to attack it can be the lack of evidence sometimes. So that can be your defense or were there visible injuries? Is their story consistent? You know, the various times they told it to a police officer on a body cam. These are all things we look for. Is it realistic? A lot of times in these domestic cases, do we have a history of these people making these allegations and then not following through with them? Which inherently calls into question every allegation they’ve ever made. So, sometimes the lack of evidence can be concerning, because it means you got arrested just on somebody’s word, but it could also be a tool for us to show that you haven’t met the standard of probable cause.