If my now ex-boyfriend assaulted me leaving me injured and in the hospital, is there any other way we can settle this matter outside of court?

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If my now ex-boyfriend assaulted me leaving me injured and in the hospital, is there any other way we can settle this matter outside of court?

We have an upcoming court date and my family is encouraging me to press charges but I’m afraid of him loosing custody of his 7 year old son. Even though what he did to me was horrid and yes he needs to be punished, I’m still scared of him loosing his son. If he is prosecuted will this happen?

Asked on October 10, 2012 under Personal Injury, Illinois

Answers:

Leigh Anne Timiney / Timiney Law Firm

Answered 8 years ago | Contributor

It is possible an assult or domestic violence conviction against your ex-boyfriend could affect his custody of his son.  Generally, once a criminal prosecution has begun, the original complaining victim does not have the authority to stop the matter.  As a victim, you can refuse to participate in the prosecution, which makes it more difficult for the matter to be prosecuted, however, this is not a guarantee the matter will be dropped.  It would seem to me that if your ex-boyfriend assaulted you and injured you to the point you required hospitalization, he needs to be prosecuted to the fullest extent of the law.  His ability and fitnesses as a parent, given this incident, should be examined and questioned.  If he loses custody of his son as a result of his assault on you, that is not your fault and it is a consequence he would have to pay.  It is said people have to hit rock bottom before they take a look at themselves and attempt to make changes.  Perhaps losing custody of his son could be what spurs your ex to take some accountability and get the help he obviously needs.  


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