False Domestic Violence Accusations During a Divorce

domestic abuse allegations, Illinois restraining order, Illinois divorce lawyer, Kane County divorce lawyerDomestic violence is a serious problem, and some even describe it as one of the ugliest forms of violence. Looking at the other side of the coin, a matter with potentially as severe and ugly consequences is being falsely accused of committing acts of domestic abuse. Presently, there is an increased awareness around domestic abuse cases against women in the United States and correspondingly, laws - such as the Violence Against Women Act, established in 1994 - have been put in place. There is a lot less attention on acts of domestic violence in which the women are the perpetrators. Pointing to this very evident bias in favor of women, which exists in the law and the societal perception as a whole, is a serious injustice occurring in states nationwide in which laws enacted to protect domestic violence victims are themselves being abused and misused to destroy the lives of many innocent men. All with one whip of the tongue, a woman can falsely accuse a man of domestic violence and watch a negative chain reaction unfold.

The Consequences of Allegations of Domestic Abuse

  • Generally, there may be both civil and criminal consequences once one is accused of domestic violence;
  • In circumstances surrounding family law matters, there becomes a presumption of custody in favor of the victim and against the perpetrator; and
  • There are significant limitations placed on freedoms and civil liberties when one has a restraining order entered against them.

The Social Consequences of Being Falsely Accused of Domestic Violence

  • Reputations can be ruined;
  • Job opportunities can be destroyed;
  • You may be forced to leave your home, leaving the home to the alleged victim; and
  • You may lose custody of your children, be restricted in your visitation rights, or denied from seeing your children altogether.

Why Your Spouse May Falsely Accuse You of Domestic Violence

If you have been falsely accused of domestic violence, you may be wondering why this happens. Of course, the answer will always depend on the specifics of the case, but in many situations a spouse will do so in order to gain more power in divorce proceedings. If one spouse claims domestic violence, he or she then may receive a more favorable outcome regarding child custody and visitation.

Contact Attorneys You Can Trust

Whether you need assistance in seeking an order of protection or need defense from allegations of domestic violence, you can trust our experienced Illinois family law attorneys to listen to your needs and effectively represent you. Martoccio & Martoccio is located in Hinsdale, IL and serves all of DuPage, Cook, Kane, Kendall, and Will County. Contact our firm today either online or at 630-920-8855, and we can set up your free initial consultation and start assisting you in any domestic violence and companion family law matters.

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