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What Happens If I Am Falsely Accused of Domestic Violence?

accused, St. Charles family law attorneysTragically, domestic violence in the United States is shockingly common. It is estimated that 10 million women and men become victims of physical domestic abuse each year. This means that, on average, nearly 20 people per minute are abused by a significant other or a member of their family.

Domestic violence can cause not only bruises and scars but also years of psychological trauma. Some victims choose not to make public accusations against their abusive partner for fear of retaliation or because they are afraid to anger their abuser. Fortunately, victims of domestic violence now have more options than ever for escaping the abusive relationship and holding the perpetrator accountable.

Regrettably, this leads some people to falsely claim that they were abused by a romantic partner in order to gain power over him or her. Sometimes, the person who claims to be a victim is actually the one attempting to manipulate the other. This despicable behavior can put the accused at the risk of undeserved criminal consequences, career damage, and personal heartache. Allegations of abuse can also seriously complicate family law issues such as divorce, custody, or adoption.

False Emergency Protection Orders

If a person is legitimately being physically hurt, psychologically tormented, stalked, other otherwise abused by a family member—including an intimate partner—obtaining an emergency order of protection can be a critical step in keeping that person safe. An emergency protective order allows an abused person to call the police and immediately have an alleged abuser arrested if he or she comes within a certain distance of that person or crosses other boundaries established by the order. A person does not need to undergo an investigation or have any indisputable evidence of the alleged abuse when requesting an emergency order. He or she only needs to file an affidavit, along with accompanying testimony to validate the information either contained in or set forth in the affidavit, regarding the abuse to request one from a judge. When used correctly, protective orders can be potentially life-saving. When used incorrectly, such as when a person fabricates a story of abuse in order to convince the judge to issue an order unnecessarily, it can have serious consequences for both the accused and the accuser.

Call Us for Help

Many individuals who file false reports of domestic violence are attempting to gain an advantage in their divorce or child custody proceeding. Virtually every child-related legal matter requires the court to consider any allegations or incidences of violence in the household and toward in the children. It is critically important that you fight back against any false accusations of abuse, especially during family law proceedings. The skilled St. Charles family law attorneys at Bochte, Kuzniar & Navigato, P.C. have the experience and knowledge to help you protect your rights and obtain the outcome you deserve. Contact us today for a free consultation.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2100&ChapterID=59&SeqStart=500000&SeqEnd=4200000

http://www.thehotline.org/is-this-abuse/abuse-defined/

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