How Can I Defend Against False Allegations of Domestic Violence?

 Posted on August 24, 2020 in Domestic Battery Charges

Since the start of the COVID-19 pandemic, domestic violence incidents have been on the rise. In some areas of the United States, domestic abuse crime reports have risen as much as 25 percent. Domestic violence is taken seriously in Illinois, with stiff penalties for those convicted of this type of crime. Although false allegations are rare, you should be ready to aggressively defend yourself in court if you face them. Work with an accomplished domestic violence attorney to develop a thorough understanding of Illinois domestic violence law and build your case. 

Why Would Someone Make False Allegations of Domestic Violence?

First, it is vital to understand who can make domestic violence claims in Illinois. This includes “family members, spouses or ex-spouses, people who share a residence, people who have a child in common, people who are dating or used to date, and people with disabilities and their personal assistants.” Domestic violence is not limited to the nuclear family. Many people are capable of making domestic violence allegations that you should treat seriously.

Accusing someone of domestic abuse is a serious action. Still, some people will feel compelled to do so in some common situations. For instance, a spouse who is desperate to win full parenting rights during a divorce might falsely accuse their spouse of domestic abuse. Similarly, spouses or family members might make false accusations to gain property or assets.

Punishment for Domestic Violence

Even if you are innocent, you are still subject to harsh punishment if you are convicted of domestic violence on false claims. If allegations include children, sexual assault, or the possession of a weapon, you could be subject to a class 4 felony. This could amount to six years in prison, so there is a lot on the line when you are falsely accused of domestic violence. If you already have a criminal history, a judge may extend this punishment. A low-level domestic battery charge is categorized as a Class A misdemeanor, including up to one year in prison, probation, a fine, and potential counseling. 

Defending Against False Allegations of Domestic Violence 

Before understanding how to proceed with your defense, it is essential to comprehend Illinois law’s definition of domestic violence so you know whether the claims made against you could lead to charges or not. For example, it is common for people to assume that domestic abuse is purely physical. Illinois law also includes mental and emotional abuse as a punishable offense. Whether the accusations you face are true or false, an attorney can help you see clearly and understand how to move forward with your defense. 

Contact a Will County Criminal Defense Lawyer

Domestic violence carries heavy punishment, so you should take any false allegations very seriously. At The Law Offices of Tedone & Morton, P.C., we will use our extensive experience defending clients against domestic violence claims to build your case. Call our Joliet office at 815-666-1285 or our Plainfield office at 815-733-5350 to schedule your free consultation with a Plainfield, IL domestic violence attorney.

Sources:

https://illinoisattorneygeneral.gov/women/idva.html

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59