Dealing With False Domestic Violence Allegations

 Posted on March 06, 2015 in Domestic Violence

In far too many American homes, domestic violence is a major concern, wreaking havoc on both the physical and emotional health of the victim. In the face of such actions, healthy relationships are virtually impossible. Justifiably, accusations of domestic abuse are taken very seriously by law enforcement and government agencies. During a divorce or other domestic proceedings, unfortunately, it is possible for one partner to try to take advantage of the system by making false allegations of abuse.

It can difficult for most people to fathom making unfounded accusations of criminal activity against anyone, especially their spouse. For those who do, however, they are often attempting to manipulate the law in their favor, usually related to property division or child custody. Most states’ child custody laws, including Illinois, include clauses that take violent acts or the danger of violence into consideration. The existence of an allegation or an order of protection may be all it takes to keep a parent from significant time with his or her children. While the safety of the children should certainly be paramount, no parent deserves to lose time with his or her children over fraudulent accusations. Accusations with no basis in fact often take the accused completely by surprise. He or she is often left feeling angry, betrayed, and overwhelmed. There are a few things that anyone accused of domestic violence can do, especially if the allegations are false: Stay Away from the Accuser

Being alone with the person who brought the initial allegations all provides further opportunity for new ones. By keeping a safe distance away, or by maintaining the buffer of witnesses, the accused will not be create the risk of additional false charges.

Remain Civil

Despite the stress and emotional difficulty a falsely accused person must be experiencing, it is very important to make every effort at staying calm and civil, particular in any communication with the accuser. Angry outbursts, sharp criticisms, or even sarcastic offhand comments can exponentially worsen the situation. It is also worth remembering that virtually all electronic communication, such as emails, text message, or Facebook posts, can eventually find their way into a courtroom proceeding. Extreme caution is recommended when communicating online with anyone, especially with the accuser.

Hire an Attorney

Ultimately, the allegations will need to be formally addressed in some manner. A qualified lawyer can help in understanding the law and the processes involved. He or she can also provide advice on how to navigate court proceedings and representation once the proceedings begin.

If you live in Illinois and have been falsely accused of domestic violence in the course of your divorce, our qualified team can help. Contact an experienced Lombard family law attorney today at A. Traub & Associates for a consultation and a review of your case.