Handling False Allegations of Domestic Violence

 Posted on November 02, 2017 in Domestic Violence

Accusations of domestic violence are all too common in family law cases. While there is little question that domestic abuse is a real problem for thousands of Illinois families, sometimes, such allegations are little more than a ploy to gain an advantage in a divorce or parental responsibilities (child custody) proceedings. If you have been accused of domestic violence, you need to understand what steps you can take to protect yourself and your legal rights.

Protective Orders and Temporary Restraining Orders

Victims of domestic violence in Illinois can apply for an order of protection—sometimes called a temporary restraining order—without any notice in advance to the alleged abuser. A judge will issue the order if the victim’s application meets all of the legal requirements and the victim’s testimony indicates that the alleged abuser presents an immediate danger. In cases of actual abuse, quick action is often necessary and appropriate, but when the allegations are exaggerated or completely false, it puts the subject of the order at a serious disadvantage.

Once the order is issued, an officer of the law will usually serve a copy of the order on the alleged abuser. Emergency orders of protection are not permanent and may only last for up to 21 days. Before an order can become permanent, an evidentiary hearing must take place with both parties having the chance to appear.

Comply With the Order, Even If It Is Unfair

It is important to obey the terms of any protective order or temporary restraining order, even if you believe it was issued under false pretenses. If you do not comply with all of the terms of the order, you could face criminal charges for violating an order of protection. Disobeying an order, even if the order is later dismissed, can also have a substantial negative impact on your family law case.

Keep in mind that you could potentially violate a protective order without even talking to or being near the alleged victim. If you have been ordered not to make contact with him or her, a simple text message or social media post could be seen as a violation.

Challenging Orders in Court

You will have an opportunity to challenge the order in court, but failing to attend the scheduled hearing could result in the order against you being made permanent. An outstanding order order of protection against you can affect your ability to exercise your parental rights and could even your parenting time with your child.

It is beyond frustrating to be accused of something you did not do. If you are accused of domestic violence in a family law case, you need to get skilled legal representation right away. Contact an experienced DuPage County domestic violence attorney to discuss your available options. Call 630-352-2240 for a confidential consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100

https://www.illinoislegalaid.org/legal-information/3-types-orders-protection