Tuesday, November 16, 2021

Domestic Violence Draws Suspension

An Illinois Hearing Board has recommended a two-year suspension and until further order for acts of domestic violence

The allegations deemed admitted establish as follows. On April 28, 2016, Respondent was charged with Aggravated Domestic Battery and Domestic Battery, arising from an incident in which he pushed his wife, Candice, against a wall and placed his hands around her throat, causing a partial obstruction of her breathing. The police smelled a strong odor of alcohol on Respondent at the time of his arrest and observed a scratch on Candice’s throat and redness on her upper and lower back. On May 24, 2016, Respondent pleaded guilty to an amended count of misdemeanor battery. He was placed on supervision for 24 months with conditions that included abstaining from drinking alcohol, completing a Domestic Violence Offender evaluation, and complying with treatment recommendations. Respondent completed his term of supervision.

Respondent was arrested again on September 10, 2018, after he consumed half of a bottle of vodka and got into an argument with Candice. When he tried to enter his young daughters’ bedroom, Candice blocked his way. Respondent then began punching her in the arm and attempted to punch her in the stomach. When police officers arrived at the home, he resisted arrest. The arresting officers reported that Respondent smelled strongly of alcohol and they observed redness on Candice’s arms and a welt on her bicep. Candice was granted an order of protection against Respondent for herself and their daughters. Respondent was charged with two counts of Resisting a Peace Officer and two counts of Domestic Battery. However, after Candice advised the Lake County State’s Attorney that she would not be able to attend Respondent’s court date and wanted the charges to be dropped, the charges were dismissed.

His failure to participate was considered as an aggravating factor as well as his "increasingly dangerous behavior." (Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2021/11/the-allegations-deemed-admitted-establish-as-follows-on-april-28-2016-respondent-wascharged-with-aggravated-domestic-batte.html

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