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What If I Am Falsely Accused of Domestic Abuse in Illinois?

Posted on in Order of Protection

Wheaton order of protection attorneysOctober is National Domestic Violence Awareness Month. The harmful effects of domestic violence are significant, sabotaging the safety of many men, women, and children regardless of social class. Once considered a private issue between two partners, domestic violence issues slowly gained the public’s attention and are now at the forefront of national campaigns. According to the Illinois Coalition Against Domestic Violence (ICADV), one in three women, and one in seven men have been or will be victims of domestic violence. However, there are instances where a person can be unfairly accused of such behavior. If you have been wrongly accused of domestic abuse and served with an order of protection (OOP), it is important to understand the best way to address these false accusations.  

Handling False Accusations 

Domestic abuse refers to violent acts committed by a family or household member against another. The consequences of domestic violence accusations can result in protective orders being issued against the alleged abuser. In cases where the accused is a parent, these orders can impact child-related issues, such as allocation of parental responsibilities and parenting time by limiting contact with a child.

Unfortunately, a vengeful spouse may file abuse charges against the other spouse to obtain a restraining order. This is sometimes used as a tactic in disagreements related to child custody, parenting time, or other disputed issues in the divorce. In many cases, there are no witnesses of the so-called offense other than the victim and the alleged perpetrator. When there is no evidence such as a bruise or laceration, it can be very difficult to prove beyond a reasonable doubt that domestic violence actually occurred. Photographs and medical records simply show that an injury occurred, not who did it. In addition, an attorney can discredit the accuser’s testimony by pointing out inconsistencies in his or her story.

The following are practical ways to manage false allegations until an order of protection is terminated:

Follow the rules of the order of protection until it is lifted: Violating an OOP could land you in serious trouble with the law, including possible criminal charges, even if the OOP was issued based on false allegations.

Attend all hearings related to the protective order: Take the conditions of the order seriously. Failure to appear at scheduled hearings can result in the judge confirming and enforcing the order in your absence.

Gather character and witnesses to testify on your behalf: There are two sides to every story, so use any opportunity wisely to present your case. Close friends or family members can put in a good word for you.  

Unfounded allegations of domestic violence can be detrimental to the accused person’s relationship with his or her child. That is why it is imperative to seek legal counsel if you are wrongly accused of a serious crime such as domestic abuse.  

Contact a Naperville Order of Protection Lawyer

Domestic violence prevention campaigns have helped increase awareness to the problem of abuse, but in some cases, the accusations are not legitimate. If you or someone you know has been wrongly accused of domestic abuse, the law firm of Anderson and Associates, P.C. can help defend you. We understand how damaging false accusations can be to every area of your life. Our experienced Wheaton family law attorneys can guide you through the legal process of fighting unjust claims to keep your relationship with your child intact. To schedule a free initial consultation, call our office today at 630-653-9400. 

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=082001800K5

https://www.ilcadv.org

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