Facing False Accusations of Domestic Violence
What happens behind closed doors stays there, unless that behavior infringes upon the rights of another individual to be free from harm. Once accusations of domestic abuse between two people begin, these matters become the business of the state, local police officers, and your attorney. Unfortunately, many of these allegations stem from other agendas of the alleged victim. In many domestic abuse cases, the accusations are unfounded or a self-serving attempt to discredit a spouse in a child custody case. Each case varies from one to the next and utilizing the knowledge and experience of an attorney is advisable as one misstep in this delicate situation can drastically alter your future.
Possible Defenses
It is never advisable to go into a domestic violence case without having the proper legal backup. If you attempt and fail in court, not only is your reputation at stake, but there is the possibility of years of jail time and thousands of dollars in fines, up to $25,000.00 in some cases, not to mention the potential for losing any custodial rights to your children. However, there are a few common defenses that have proven successful in previous court cases given the right circumstances. These are:
- Lack of proof,
- Wrong suspect,
- Self-defense,
- Intentional false accusations, and
- Consent.
Constant Vigilance
False accusations often come from someone maliciously attacking your character. Therefore, it is best to assume this is a personal attack and anything you say, text, or portray to the accusing individual can be twisted and used against you. If they attempt to pick a fight or start an argument, walk away. Any retort on your part can provide ammunition to the prosecution’s case. Also, be mindful of any written messages sent to the opposition. Even in situations where the comment is your “go-to” response, and you have said it your entire relationship, and it means nothing, once the comment is in black-and-white, it can be twisted against you.
Obtain Legal Representation
The best thing you can do to defend yourself proactively is to get an attorney. Domestic violence is one of those charges that are not eligible for expungement from a record in most cases, and in those that do qualify, it is only after five years. It also is beneficial in your case to have a seasoned attorney, because if the case is proven false, not only can you move to have the accuser cover the legal expenses, the case ruins their credibility even in other legal cases. If you are interested in discussing your situation with a proven and aggressive Maywood, IL domestic violence defense attorney, contact Stringini & Garvey, P.C. today by calling 630-834-9595 to set up your free initial consultation. We proudly utilize over 65 years of combined experience to successfully defend the rights and freedoms of our clients in Glendale Heights, Lombard, Maywood, Bloomingdale, and all surrounding Chicagoland areas.
Source:
http://www.illinoisattorneygeneral.gov/women/idva.html
