Dealing with False Accusations of Domestic Abuse

 Posted on April 25, 2024 in Violent Crimes

When police arrive to handle a domestic disturbance call, they observe the environment they are faced with to determine how to proceed. In some cases, a survivor of domestic abuse calls for help. However, by the time the police arrive on the scene, the victim is panicked, having just suffered violence, and the perpetrator is keeping himself calm and collected. If they have not witnessed abuse but arrived just after, they likely will not have grounds for an arrest. If the survivor has no proof of having just been attacked and the abuser knows he needs to lie and be composed to avoid an arrest, he might even be able to turn the story around and claim that she was the perpetrator and hurt him, and if she is in a highly emotional state - which is reasonable following an attack - they might believe him. If you are facing false accusations of domestic abuse due to actions you took to defend yourself from an attack, you should consult with a skilled Wheaton, IL defense attorney to protect your rights.

What to Do if you are Falsely Accused

When there is an accusation of domestic violence, the authorities in Illinois generally act quickly. They could issue an order of protection, otherwise known as a restraining order, against you, and this would have serious implications. In cases where someone is considered at high risk, the courts might issue an emergency order of protection that generally requires only an accusation from an alleged victim without any bureaucracy, with later court proceedings needed to validate it.

Regardless of how false the accusations are, if an order of protection has been issued against you, make sure to follow it meticulously. If you are found in violation of any of the conditions in it, you can face severe legal consequences. An order of protection prohibits you from having contact with your accuser, so if he begs for your forgiveness and asks you to meet up, promising not to tell the police, you need to refuse.

You will probably be questioned by the police in an attempt to get a confession of assault. Make sure the only thing you say is that you want a lawyer. Even if they treat you kindly and tell you they want to help you, do not speak to them without a lawyer present.

Schedule a Free Consultation with a DuPage County, IL Criminal Defense Lawyer

If you were arrested for domestic abuse while you were defending yourself, speak with a compassionate Wheaton, IL defense attorney. At Davi Law Group, LLC, we work hard to get justice for our clients. Call us at 630-580-6373 for a free consultation.