This is my third post in my continuing series on defending against domestic assault charges in Chicago. My last post covered the process one faces with domestic violence charges. Many people find their lives entirely disrupted by allegations from an intimate partner. Police arrive, parents are separated from children and criminal protective orders prevent any type of discussion between involved parties. Unfortunately, it is not uncommon for these types of issues to arise after false accusations. There are many reasons people lie about intimate partner violence. This post will discuss how to defend against false domestic violence allegations. It is vitally important that you contact a Chicago criminal defense lawyer immediately if you have been arrested.
Domestic violence may be more likely than any other criminal offense to be the result of false claims or allegations. Too often such claims are made by a party attempting to gain an advantage in child custody or divorce proceedings. Such a “victim” may be attempting to claim violence in an effort to gain full custody of children or to intimidate the accused into conceding property or assets in a marriage dissolution. It is also common for an angry ex to make false claims out of an effort to “get even.” Whatever the reason is for the false accusations, it is important that Chicago residents take them seriously. Defendants in such a situation sometimes show up to Court thinking they will simply explain to the Judge that the claims are false. They are then surprised to find out that the Court is, in fact, taking the matter seriously. Being convicted can result in jail time, fines, the loss of your firearm rights, and a permanent record. If you have been charged then you need representation to help you establish that the claims are false.
There are several pieces of evidence you can use to show that the claims are false. If, for example, the victim was repeatedly calling you after they had you arrested and sought a restraining order then your phone records are an important piece of evidence. It is inconsistent behavior to seek a restraining order but then call the person from whom one seeks protection. This behavior can be used to argue that the claims are false. Other evidence can include text messages, emails, social media messaging, or eyewitnesses showing that the victim is attempting to contact the accused. Also, physical evidence may show that the assault never actually occurred or that you were acting in self-defense. Whatever the situation, it is crucial that you retain an attorney.
An attorney can assist you in defending against false claims of domestic violence. Counsel will analyze the police reports and determine which evidence is needed to build a defense. Your lawyer will view the scene of the incident, interview witnesses, and develop the best plan for your case. Should your matter go to trial then it will be necessary to show your accuser is not credible. This is done through cross-examination and exposing inconsistencies in their story as well as other evidence which shows them to not be credible. It is important that you handle false charges as you would any other charge.
Call my Orland Park office today to schedule a consultation. In addition to Chicago, we handle matters in areas of Cook County including Chicago Ridge, Glenview, Crestwood, Evergreen Park, Bedford Park, Palos Park, Oak Lawn, Burbank, Oak forest, Blue Island, Palos Heights, Palos Hills, Alsip, Bridgeview, Lemont, Orland Hills, Country Club Hills, Hickory Hills, Summit, Richton Park, Midlothian, Worth, Posen, Matteson, Olympia Fields, Hometown, and Tinley Park, in DuPage County areas including Downers Grove, Naperville, Woodridge, and Darien, in Kane County areas including Aurora, Elgin and Geneva, and the Will County cities of Joliet, Bolingbrook, Mokena, Frankfort, New Lenox, Lockport, Homer Glen, Romeoville, and Manhattan.