False Accusations of Domestic Violence During Divorce

 Posted on April 11, 2023 in Family Law

There is no doubt about the legitimacy of the domestic violence problem throughout Illinois. However, not every accusation of domestic violence is genuine. Some divorcing spouses make allegations of abuse against the other spouse simply to gain an advantage in the divorce proceedings.

False accusations of domestic violence have serious consequences, both legally and emotionally. When an accusation is made, the accused may find themselves facing criminal charges, even though they are completely innocent. This can lead to lasting emotional trauma for everyone involved in the case as well as strain on their relationships with family, friends, and coworkers.

If you are going through a separation or divorce and your spouse has accused you of domestic violence, abuse, stalking, harassment, or intimidation, this is a sign that you need a strong legal advocate on your side. Reach out to a divorce lawyer with experience defending against domestic violence allegations.

How to Respond if Your Spouse Accuses You of Abuse

Finding out that your spouse is accusing you of violence or abuse can come as a massive shock. Most people are unfamiliar with Illinois laws regarding domestic violence and orders of protection. They do not realize that a person can secure an Emergency Order of Protection (EOP) without a hearing that includes the person being accused.

If an EOP was filed against you, the best thing to do at this point is to follow the provisions contained in the order - even if your spouse only received the EOP because he or she lied. This may require you to stay away from your own home or children. Do not attempt to contact your spouse or their family members, as this could land you in legal trouble. An EOP can only last up to 21 days. To receive a Plenary Order of protection that lasts longer, the accuser must present evidence justifying the order during a hearing. The person who was accused of abuse will be able to present evidence to demonstrate his or her innocence.

Next, contact a lawyer who knows how to handle cases like these. You will want to work with a divorce lawyer who has represented people accused of abuse previously. Your lawyer will help you build a strategy to disprove the allegations and represent you during any hearings or court proceedings.

Contact our Hinsdale Divorce Lawyer

At Law Office of Martoccio & Martoccio, we know that divorcing spouses sometimes fabricate stories of abuse to gain an advantage during divorce or child custody cases. Our skilled DuPage County divorce attorneys can represent you and provide legal support throughout your case. Call 630-920-8855 to set up a free case evaluation today.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000600K214