- Jurisdiction
- Illinois
I thought DV victims were allowed to mention prior abuse at trial, but I've been told by the ASA that I may not to be able to bring up my ex's "prior bad acts" or it may cause a mistrial. I believe this is because the defense has requested to suppress the mention of bad acts and some other legal stuff that I'm trying to understand. There is a scheduled hearing for a motion to limine, which the ASA is fighting.
But, I don't understand how it is possible for me to tell what happened or show who my ex really is without mentioning the dynamics of our relationship and his prior abusive behavior. For example he tried to attack me just 2 weeks prior to the charged assault, but I escaped. He then threatened to come to my house to hurt me. If I can't mention stuff like this, I believe my ex will go free because on the outside he comes across as this passive, non-aggressive, non-violent model citizen and is trying to make the assault look like an isolated incident where he was provoked. However, behind closed doors he's different and and his violent criminal history says different, which I hope can be mentioned to show that he's more likely than not to have attacked me without provocation.
In addition to prior non-reported abuse against me, he was arrested for assaulting a police officer 4yrs ago, but was acquitted on a technicality. He was charged with domestic battery against a girlfriend abut 20yrs ago, but never went to trial because she wouldn't cooperate. About 30 years ago he was convicted and served time for manslaughter after fatally hitting a friend with an object during an argument, then claimed self defense. He later told me that lost his cool during that incident and admitted having a bad temper and being diagnosed with having anger management problems by the therapist in that case. He also hit me with the same type of object and is now again claiming self-defense, but we may not be able to mention this. But there's a chance that no of this will be heard in this trial if it's up to the defense, so all I have is his past abusive behavior against me.
I understand the need to avoid prejudice against the defendant for past offenses, but I don't get suppressing evidence of more recent abusive/violent behaviors or behaviors that are similar in nature to a prior incident
But, I don't understand how it is possible for me to tell what happened or show who my ex really is without mentioning the dynamics of our relationship and his prior abusive behavior. For example he tried to attack me just 2 weeks prior to the charged assault, but I escaped. He then threatened to come to my house to hurt me. If I can't mention stuff like this, I believe my ex will go free because on the outside he comes across as this passive, non-aggressive, non-violent model citizen and is trying to make the assault look like an isolated incident where he was provoked. However, behind closed doors he's different and and his violent criminal history says different, which I hope can be mentioned to show that he's more likely than not to have attacked me without provocation.
In addition to prior non-reported abuse against me, he was arrested for assaulting a police officer 4yrs ago, but was acquitted on a technicality. He was charged with domestic battery against a girlfriend abut 20yrs ago, but never went to trial because she wouldn't cooperate. About 30 years ago he was convicted and served time for manslaughter after fatally hitting a friend with an object during an argument, then claimed self defense. He later told me that lost his cool during that incident and admitted having a bad temper and being diagnosed with having anger management problems by the therapist in that case. He also hit me with the same type of object and is now again claiming self-defense, but we may not be able to mention this. But there's a chance that no of this will be heard in this trial if it's up to the defense, so all I have is his past abusive behavior against me.
I understand the need to avoid prejudice against the defendant for past offenses, but I don't get suppressing evidence of more recent abusive/violent behaviors or behaviors that are similar in nature to a prior incident