False Accusations of Domestic Violence

 Posted on September 05,2019 in Domestic Violence

Being falsely accused of domestic violence is extremely scary. You are likely confused, emotional, and wondering what to do next. These are all very natural reactions. However, the things you do, and do not do, in the next few days and weeks are important. They can help your case, or result in the prosecution pursuing charges. Below are the three most important things to do when someone has falsely accused you of domestic violence.

Do Not Speak to the Other Party

It is very common for those falsely accused to want to reach out to the other party. This is one of the biggest mistakes made in domestic violence cases. It is crucial you do not speak to your accuser. If there has been an order of protection issued against you, this is a violation that has serious consequences. Even if an order has not been issued, speaking to your accuser can have disastrous consequences. They may use anything you say against you later on, and could even take your words out of context.

Gather Evidence

You may think the other side is busy collecting evidence to prove their case, and that is likely true. However, it is important you start collecting evidence, too. Domestic violence cases often involve little more than both parties telling their side of the story. Judges must determine who they believe, with little evidence to review.

When you have been falsely accused, you know there is no evidence, or that it has been manufactured. This can make it even more frightening, but this can sometimes work in your favor. You can gather evidence to refute any they may present. Evidence you should gather includes texts and emails to prove a history of false allegations, medical records to dispute accusations of injuries, and proof of the accuser’s history of substance abuse.

Speak to Witnesses

Again, due to the fact that there is often very little evidence in domestic violence cases, witness testimony is crucial. Speak to people that are familiar with the relationship and that can testify there has never been any violence, to their knowledge. If there are witnesses that can also testify about false accusations in the past, or the reason for the false accusation, that could also greatly help your case. Judges weigh witness testimony very heavily when making their decisions. They are also more likely to believe your side of the story if others corroborate it.

Contact an Illinois Domestic Violence Attorney Today

Those falsely accused of domestic violence potentially face a long process to clear their name. Do not do it on your own. Too many people think accusations made in the heat of the moment will go away on their own. Too often, they do not. It is crucial you speak to a skilled Rolling Meadows domestic violence attorney as soon as possible. If you have been falsely accused, call the Law Offices of Christopher M. Cosley today at 847-253-3100. We will advise on the next steps to take, ensure your rights are upheld throughout the process, and give you the best chance of success. Contact us today for your free consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=59&ActID=2100

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.4