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While most allegations of domestic violence are true, sometimes innocent people get caught up in the lies of others. False allegations of domestic violence can be career-ending, life-ruining events for those who committed no crime. If you have been charged with or accused of domestic violence, you need to act quickly to protect yourself.
One study found that over a 17-month period, there were 111,891 prosecutions for domestic violence, while only six prosecutions for making false allegations. Even if many false allegation cases are never prosecuted, these are very hard odds to beat. However, in some cases, there is insufficient evidence for the court to take legal action against the defendant, either in the civil or criminal case.
When a man or woman makes a false allegation against their domestic partner, their reason for making the allegation often revolves around a divorce, legal separation, child custody, or visitation case. The accuser knows that, by labeling the other party as a domestic abuser, he or she will have a better chance at receiving a more favorable child custody decision or spousal support decision or be more likely to succeed in blocking any visitation rights for the other parent.
An attorney will help disprove the false allegation by looking deeply into the matter at all available evidence of the purported abuse. Are there medical records to back up the accuser’s claims of physical harm? Does the child or do other parties, such as neighbors, have solid eyewitness accounts of the alleged abuse, or are their account incomplete, fuzzy, or not supported at all? Did the accuser even tell anyone about the abuse in the weeks, months, or years that it was alleged to have taken place? A simple claim of domestic abuse without any evidence backing it up will be much harder to prove. However, family courts are still often inclined to take the accuser’s side of the story due to the simple fact that false allegations are so rare, and the epidemic of domestic abuse is largely not even reported by the abused, who is usually the female partner, according to studies.
An experienced Hinsdale domestic violence attorney can help you prove your innocence to retain the right to see your children and keep your good standing within the community. Call our Hinsdale domestic abuse defense lawyers at the Law Offices of Martoccio & Martoccio today at 630-920-8855 to schedule a free consultation.