False Accusations of Domestic Violence: False Claims of Stalking and Harassment

 Posted on September 21, 2015 in Domestic Violence

Some instances of domestic violence are actually based on fact. One person in the relationship is overly jealous, jilted or has other issues that make them a violent person, and they act out against their spouse, significant other or partner in a physically abusive, controlling, or manipulative way. But there are many cases where allegations of domestic violence are false, and when false allegations of domestic violence are made, it can have serious impacts on the life of the person who stands accused.

When presented with the idea of domestic violence, many people automatically think of domestic battery, where one spouse, significant other or partner physically abuses the the other person in the relationship. But domestic violence can also include stalking and harassment.

Stalking

For example, stalking is considered a form of domestic violence because stalking occurs when one person (i.e., the alleged stalker) knowingly acts in a way towards another (i.e., the alleged victim) that makes the alleged victim scared for their safety. Stalking is codified in 720 ILCS 5/12-7-3.

Allegations of stalking arise often in situations where a couple is in the process of breaking up or trying to make up, or where one person in the relationship wants to reconcile while the other does not. But there are many instances where an alleged “victim” claims he or she is being stalked, when the actions of the alleged “stalker” do not rise to the level where a reasonable person would fear for their safety.

Defending against stalking allegations requires the skills of an experienced domestic violence criminal defense attorney who can analyze the facts, interview the alleged “victim” and get down to the reasoning behind making the allegations in the first place. Then the victim’s logic for making stalking allegations can be compared to what a reasonable person would have done or felt in the same situation. When a reasonable person would not have felt threatened or afraid, the stalking charges cannot stand.

Harassment

Harassment by telephone is another common form of domestic violence that may arise when one person repeatedly makes threats, exacts verbal abuse, makes obscene comments and other forms of harassment using a telephone. But the medium through which the harassment is communicated has been expanded to include electronic communications, text messaging and social media platforms. Harassment by telephone is codified under 720 ILCS 5/26.5-2.

Allegations of telephone harassment, and harassment through other forms of communication, are frequently seen in breakups where one party is still trying to reconcile the relationship. The person trying to reconcile might call the other repeatedly, trying to get in touch with them, but to no avail.

There may be other reasons the alleged “harasser” is calling. Perhaps the couple shares a child and one is calling about support for the child, but the other is deliberately ignoring their calls. Or a recently split couple may have to deal with the fallout of their break up, such as moving out, splitting assets and property or resolving other issues associated with the dissolution of their relationship. If the alleged “harasser” is merely acting responsibly by trying to elicit collaboration to tie up the loose ends of their break up, it is hardly harassment when the other party is being uncooperative and unresponsive by not answering the phone or other forms of communication.

Call the Law Offices of Christopher M. Cosley

If you stand falsely accused of domestic violence, such as stalking or harassment, you need to aggressively fight the charges against you. Please contact a passionate Rolling Meadows domestic violence defense lawyer immediately. Call the Law Offices of Christopher M. Cosley at 847-253-3100 to speak with a skilled attorney.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-7.3

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K26.5-2