False Allegations of Domestic Violence

 Posted on October 14, 2015 in Domestic Violence

Domestic violence is not always physical abuse. Sometimes domestic violence takes the form of emotional abuse, which is executed by the use of threats. Threats can take the form of words or gestures, and under Illinois law, the use of threats against a family or household member is illegal and victims can be protected from it. Threats are considered a form of harassment, because threats, such as threats of physical violence and threats confinement or restraint, are used to cause the victim emotional distress.

Orders of Protection

Victims of domestic violence can seek a protection order from the courts, which prohibit the alleged abuser from abusing them. In the case of alleged threats, the protection order will force the person making the threats to stop doing so.

But sometimes victims claim they are being threatened, when really no such thing happened. False allegations of domestic violence can be made when a “victim” feels threatened, but has ulterior motives for making the false or inflated allegation. There are a number of reasons a “victim” might make a false allegation of domestic violence, such as:

• An attempt to make the alleged abuser look bad so that the victim can get custody of children in the custody situation or during a divorce;
• In some cases, a victim of domestic violence can get out of a lease agreement, or can take steps to change their locks to keep an abuser out of their home under the Safe Homes Act. A victim might make false domestic violence allegations in order to kick the alleged abuser out of his or her home; or
• A victim might purposely be trying to make trouble for the alleged abuser by asserting false allegations of domestic abuse.

Defending against Domestic Violence Allegations

False allegations of domestic violence and threats unfortunately happen quite frequently in Illinois. A number of domestic violence cases involve instances where the alleged victim later recants their accusations, but by that time, it is too late for the alleged abuser – the alleged abuser is already facing domestic violence charges.

There are a number of techniques that can be used to help fight false allegations of domestic violence. For instance, it is important to convey the alleged abuser’s side of the story. Inconsistencies might arise that give doubt that the alleged victim’s claims are based on the truth. It is also critical to have available any and all documentary evidence that tends to show that the allegations of domestic violence are false. Any tape recordings, text messages, pictures or phone records that can be used to show that no threat occurred can be useful in defeating a protective order action.

Call the Law Offices of Christopher M. Cosley

If you stand falsely accused of domestic violence, such as making threats against someone you have or had a romantic relationship with, you need to aggressively fight the charges against pending against you. Please contact an experienced Rolling Meadows domestic violence defense lawyer immediately. Call the Law Offices of Christopher M. Cosley at 847-253-3100 to discuss your case.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2817&ChapterID=62