Assault & Battery Can I press Charges?

Vincent

Member
Jurisdiction
Illinois
Hello,

Had an incident at my house this month.

My wife came home at 4am severly drunk. (She drove our car this way as well)

She was so drunk you could smell the alcohol Coming from her pours.

She told me she had taken some amount of cocaine just a couple hours before coming home.

She has a history of mental illness abs depression. She has been admitted to the behavior health unit 4 tines alone in the last 2 years.

The substance abuse mostly with alcohol and some illegal drugs as well started a few months ago.

I only gave all this background information because I was told by the Police she wouldn't be charged or couldn't be charged criminally for the next part of the incident I am going to explain. There are Police and not lawyers that why I am asking here.

She came in at 4am in this shape. I had to help her from the car to the house.

I have young child in the the house as well sleeping getting ready to get up for school a couple hours later.

Around 6am she grabs her purse and brings out a giant pocket knife. (Police after I called then after all this said it was a legal length for my state at least but it was a large knife)

She cut her own wrist enough to leave a mark but not to bleed or any larger damage.

I heard her crying and came into the room she was in quickly. I was half way in the door abd half way in the kitchen.

I seen what she did and of course told her to give me the knife and not to hurt herself.

She has cut herself in the past and she is drink and most likely high on cocaine as well. I of course could not drug test her to confirm that.

She as well takes mutiple medication that include mental health related medication.
When she goes out to drink she purposely doesn't take either the night portion or morning portion of her medication. (Basically half of her meds in the morning and the other half at night before bed)

She is type 2 diepetic and didn't take her medication for that either.

....

Talking we wasn't helping her to stop her from hurting her self with this giant knife.

She switched from being upset with herself to telling me to leave her alone so she can end it.

She lungeds at me with the knife and doesn't get me thank God.

She lungeds at me a 2nd time and I grab her arm that she has the knife in and I am able to take the knife away from her with out getting cut.

I place the knife in a locked room and get it out of reach.

I asked her if she needed medical attention.

She refuses it.

I get my son up after she calms down after about 20 minutes or so and she is in bed.

I get him out of the house and the situation.

I bring him to school real quick and come back home.

I stay outside in the car and call the police.

I explained in even more detai what happened, ect.

The police come, medics come and they take her to the beahior health unit of the hospital.

I fill for an order of protection against her and a couple days letter go to court for the judge to review

The judge signs off on the order of protection.

........

So my question based on all this is can I press criminal charges agianst her?

If so, what charges would they be?

She attempted to stab me with a large knife twice. She didn't succeed but she made the attempt to.

The police said given her Mental state she wouldn't be charged.

Agian I am asking from an attorney standpoint can. I get criminal charges against her?

Thanks for reading!
 
You are free to file a police report. You are free to contact the DA's office.

ONLY the DA has the ability to file charges. You do not. If the DA chooses not to, that's the ball game - there is nothing you can do to force the matter.
 
Thank you for your response.

Would I just bring the police report and Order if protection to a certain office abd request it to be looked into?

I live in Cook county.

Thanks!
 
No. If the police took a report for assault they would send it to the DA. The DA would realize there is not much evidence and a clear mental health issue and reject the case. The matter is best handled through mental health and social services resources.
It's there some reason you want prosecution?

Did the police at least take a report? This is an obvious domestic violence issue that should have been documented regardless of how they think the DA will handle the case.
 
If you value your life, and lives of your children, it's way beyond time to leave, buddy.

Go find a battered men's shelter.

Contact child services, tell them you're afraid for your safety and the safety of your children, your wife is a HOMICIDAL maniac with knives.


It's time to get the hell outta there, and take those kids with you.

If you linger, one or all of you will be stabbed to death, or have your throats cut only to bleed out.
 
If you value your life, and lives of your children, it's way beyond time to leave, buddy.

Go find a battered men's shelter.

Contact child services, tell them you're afraid for your safety and the safety of your children, your wife is a HOMICIDAL maniac with knives.


It's time to get the hell outta there, and take those kids with you.

If you linger, one or all of you will be stabbed to death, or have your throats cut only to bleed out.

Only issue is there aren't a lot of shelters for male victims of domestic violence in the US.


OP - this is a link that has some resources: A Men's Project – AMP » Illinois

This place provides referrals for men: Domestic Violence
 
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