Falsely Accused of Domestic Battery: What Is, and Is Not Domestic Violence?

 Posted on July 22, 2016 in Domestic Violence

Many Illinois families and couples find themselves in disagreements. They might yell at each other, act aggressively, or maybe behave in a crazy manner. Sometimes things get out of control and the police are called. One of the people involved in the fight might make the call, or a concerned neighbor could do it. When the police are called to investigate an alleged domestic dispute, they can make an arrest if they believe that a crime, such as domestic abuse, has been committed. Because the situation is often tense when the police show up, and those involved in the fight are often emotional, things are said, exaggerations might be made, and the police might haul off one party, even though his or her actions during the fight did not really rise to the level of domestic violence.

False allegations of domestic violence are made all too frequently, and it can be a major inconvenience, and even a problem, for the accused abuser. As a criminal defendant charged with domestic violence, you are facing serious consequences if you are convicted. That is why it is so important to work with an experienced criminal defense lawyer who understands domestic violence defense to fight the charges that have been levied against you.

Acts That Constitutes Domestic Violence

It is likely an act of domestic violence if the aggression takes the form of:

• Hitting, punching, pushing, kicking or otherwise striking;
• Choking or strangling;
• Threatening to harm or kill;
• Harassing;
• Intimidation;
• Forced sex; and/or
• Preventing the other person from leaving, calling the police, or otherwise interfering with their personal liberty.

Other acts toe the line when it comes to whether or not they rise to the level of domestic violence. For instance, yelling – in its own right – would not necessarily be enough for domestic violence charges to stick, unless the yelling involves threats. Throwing or slamming objects in the home might not rise to the level of domestic violence unless the item is thrown at a victim, or if the throwing or slamming is done is a threatening way.

Defenses to Domestic Violence Allegations

There are a limited number of defenses that make sense in a domestic violence case, but any one of them can be raised against false accusations of domestic violence. Some of the most common defenses include:

• The victim is lying or exaggerating. There are plenty of instances where an alleged victim might lie or exaggerate what happened, which can prompt police to make an arrest for domestic violence.
• The physical harm suffered by the victim was the result of an accident. Sometimes an act of domestic violence is the result of an accident (e.g., the couple was fighting, she threw a plate, and when it shattered, fragments got into his eyes).
• The alleged abuser was acting in self-defense. The victim might have started the domestic dispute, and the alleged abuser might have struck the victim as a means of self-defense.

Contact The Law Offices of Christopher M. Cosley

If you are faced with false allegations of domestic violence, contact a Rolling Meadows domestic violence defense lawyer as soon as possible. We can help you throughout each step of your case.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000600HArt%2E+III&ActID=2100&ChapterID=59&SeqStart=4200000&SeqEnd=5000000