Defending Against Charges of Domestic Violence

 Posted on March 20, 2017 in Domestic Violence

As it perhaps ought to be, most people believe the accuser when charges of domestic violence are brought against a person. By not doing so, there is a risk of sanctioning significant harm to innocent victims. However, there are occasions when such charges are false, most often brought to attempt to impugn one’s character or otherwise take an opportunity away from someone. If you have been drawn into this unfortunate situation, it is vital that you take steps as soon as possible to attempt to clear your name.

Potentially Serious Consequences

Domestic violence in Illinois is defined very widely, encompassing “physical abuse, harassment … interference with personal liberty or willful deprivation,” and it applies not only to spouses but also to other household members. “Household members” include a diverse group of individuals such as current and former spouses and in-laws, as well as roommates, stepparents or stepchildren, and dependents including disabled family members. This wide net can assist true victims, but it can also make it easier for false accusations to be levied.

When false domestic violence allegations are made, it is because the stakes are exceptionally high. For example, a history of domestic violence is one of the factors that a family court judge will use to determine the best interests of children, and if one exists, it may prevent a parent from having contact with their children. If convicted of domestic violence, one may also lose professional licenses due to a requirement for good moral character. It can also adversely affect potential future employment opportunities and credit worthiness. Illinois has a vested interest in protecting true victims of domestic violence, and as such, the penalties for genuine abusers are severe.

Managing the Situation

While the understandable temptation may be to ignore any allegations if you know they are untrue, this is not generally advised, as it gives accuser liberty to make up additional stories to the detriment of your reputation. Engaging a knowledgeable attorney—or, at least, presenting yourself and providing your version of events—may be critical in helping to dispel the allegations, especially if you are able to remain calm.

It is important to remember how subjective many aspects of a domestic violence allegation may be, as this is where the allegations are most often vulnerable to challenge. For example, fear of harm may be cited as a reason for contacting law enforcement, but fear of harm is subjective—it must be objectively reasonable. If the accuser is not able to substantiate their subjective belief that they were about to suffer harm, it may eliminate a major aspect of the proof required to show abuse.

An Experienced Domestic Violence Attorney Can Assist

Domestic violence is a serious charge that requires significant effort to ensure that false allegations are punished and true incidents are handled appropriately. To maximize your chances of exposing any fraud and preserving your good name, it is crucial to have a knowledgeable attorney on your side. Luisi Legal Group offers experience and ability to those who need a strong advocate to help them navigate through what can be a terrifying time. Contact an experienced Chicago domestic violence defense attorney to schedule your free consultation today.

Source:

http://www.ilga.gov/legislation/ilcs/documents/075000600K201.htm