I Was Falsely Accused of Domestic Violence. Now What?

 Posted on June 04, 2021 in Domestic Violence

There is no question that domestic violence is a real problem in Illinois. Unfortunately, some people make up allegations of domestic violence or abuse to serve their own dishonest purposes. The penalties for domestic battery in Illinois include a fine of up to $2,500 and up to one year in jail. Domestic battery involving certain aggravating circumstances is a felony offense punishable by up to three years in prison and a maximum fine of $25,000. Moreover, being accused of domestic violence can have profound effects on your personal and professional reputation as well as child custody or other family law concerns.

Do Not Answer Police Questions Without a Lawyer

If you have been accused of physical violence against a current or former romantic partner, household member, or family member, you may be shocked and unsure of what to do next. You may assume that you can simply explain the situation to the police and get yourself out of this unfortunate predicament. Unfortunately, submitting to police questioning can often make the situation much worse. Remember, anything you say to police may be used against you during subsequent criminal proceedings. Decline police questions until you have spoken with an attorney. Your lawyer will help you determine how best to proceed.

Cease Contact With the Person Who Accused You

Whether you were accused of domestic violence by an ex-girlfriend or ex-boyfriend, family member, roommate, or another individual, it is often best to cease contact with that person. If you try to talk to him or her about the false allegations, he or she may use this interaction as fuel for additional allegations. Furthermore, it is possible that the accuser has secured an Emergency Order of Protection against you. If this is the case, you are likely prohibited from coming within a certain distance of the individual or calling, texting, or otherwise contacting him or her. Violating an order of protection is a Class A misdemeanor criminal offense in Illinois. If you knowingly or unknowingly violate any of the terms of the protection order, you could face additional criminal charges.

Gather Evidence to Aide in Your Defense

Something you can do to help your lawyer build a strong defense against the charges is gather evidence in your favor. For example, you may have a text message from the accuser warning you that you will “be sorry” if you do not concede to his or her demands. Emails, letters, text messages, phone calls, and voicemails may all be useful sources of evidence. You may also want to start putting together a timeline of the events surrounding the alleged act. For example, if your work records show that you did not punch out until 5:00 pm and the accuser claims that you harmed him or her at 4:00 pm, this information can be used to invalidate the accuser’s allegations.

Contact a Wheaton Criminal Defense Lawyer

If you have been accused of abuse, domestic battery, or another violent offense, speak with a DuPage County criminal defense attorney right away. You may be facing serious criminal penalties and irreversible harm to your reputation. Call 630-260-9647 for a free, confidential consultation.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.2