How Do I Handle a False Domestic Violence Accusation in Illinois?

 Posted on March 25, 2024 in Domestic Violence

Domestic violence is a serious issue when it occurs among couples and families, and the effects of domestic violence can be traumatic. However, false domestic violence accusations can occur, typically against men, and these accusations can cause serious damages, end in jail time, and impact your future. If you have been falsely accused of domestic violence, you need a skilled Illinois domestic violence defense lawyer on your side advocating for your rights.

Responding to an Order of Protection

In many cases, a domestic violence accusation will involve an Illinois Order of Protection. This type of order is designed to protect a victim from an abuser. A temporary Order of Protection may be granted to the individual requesting it immediately, though longer-term orders will need to be decided in court.

If you have been served an Order of Protection, you must adhere to all of the restrictions placed on you. This means that you should avoid contacting the accuser, even though you may be tempted to reach out to her and ask her to drop the charges or tell the truth. Violating an Order of Protection in Illinois may result in a Class A Misdemeanor, something that can result in up to a year of prison time and up to $2,500 in fines.

Additionally, violating an Order of Protection may only make the accuser's claims look more valid, landing you in further legal trouble. Instead, the best thing to do if you have been falsely accused of domestic violence and served an Order of Protection is to contact a skilled domestic violence defense lawyer for guidance.

Putting Together a Defense Strategy

Your defense strategy when falsely accused of domestic violence should rely on evidence and proof that the charges against you are false. Your attorney can help guide you and give you advice on which items will be most helpful in building a defense case.

You can expect items such as the following to be useful in your defense strategy:

• Witness statements and testimony from individuals close to you and your accuser that state your innocence and no history of domestic violence

• Text messages, emails, and other messages that may document the accuser stating they will make a false claim

• Documents and messages that contradict the claims against you

• Videos or photos that show you were in a different location when the supposed domestic violence occurred

Contact an Elgin, IL Domestic Violence Defense Attorney

Claims of domestic violence and false accusations of crimes can easily escalate, which is why it is important to take a step back, avoid contact with your accuser, and reach out to an Aurora, IL domestic violence defense attorney. Attorney Brian J. Mirandola dedicates his practice to criminal defense, and as a former Assistant State's Attorney, he has extensive knowledge of the Illinois legal system that allows him to effectively advocate for your rights.

Call The Law Office of Brian J. Mirandola at 847-488-0889 for a free consultation.