Dealing With False Accusations of Domestic Violence

 Posted on December 00,0000 in Domestic Violence

False accusations of domestic violence are, sadly, all too common in family law cases. Such allegations are problematic for a number of reasons. First, they undermine legitimate efforts by organizations throughout the country to prevent and eliminate the very real problem of domestic abuse that occurs in many families. Of course, false accusations also create serious issues for the person who has been accused. If that person is you, it is important to understand what you can do in family court to defend yourself.

Protective Orders and Temporary Restraining Orders

Victims and purported victims of domestic violence in Illinois are able to apply for an emergency protective order or a temporary restraining order without any advance notice to the alleged abuser. If the court finds that the victim is currently in danger and immediate action is required to keep him or her safe, an order of protection will be issued. Once the order is issued, a law enforcement officer will serve a copy of the order on the alleged abuser.

These orders are not permanent. Before they can become more permanent, the court will hold an evidentiary hearing.

Importance of Complying With Protective Orders

It is important to obey the terms of any protective order or temporary restraining order, even if you believe the allegations in the application for the order are false. If you fail to comply with the order, you can be charged with the crime of violating a protective order. Additionally, disobeying an order—even if the order is later dismissed—can significantly harm your family law case.

Keep in mind that it is possible to violate a protective order without even speaking to or coming into contact with the victim. You can violate an order with a simple text message or social media post.

Challenging Protective Orders in Court

When the court has issued an emergency order of protection, you will have the opportunity to challenge the order in court. If you fail to attend the scheduled hearing, however, the order against you could be set to last for up to two years—the longest period available under the law. An enforceable order of protection against can affect your parental rights and possibly limit the parenting time you enjoy with your child.

It is certainly frustrating to be accused of something you did not do. In a family law case, however, the stakes are much higher than feeling annoyed or frustrated. Seek legal representation immediately if you have been accused of domestic violence. Your lawyer can help you gather as much information as possible to substantiate your claims.

If you have any questions about domestic violence or orders of protection in Illinois, contact an experienced DuPage County family law attorney. Call 630-409-8184 for a confidential consultation at our law firm today.

Source:

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