Facing False Domestic Abuse Accusations: Your Innocence Does Not Guarantee Your Freedom
Domestic abuse allegations wreak havoc on a person’s reputation. Unfortunately, the charges are sometimes fabricated by either a spouse or a child as a way of gaining authority or leverage while undermining the integrity of the accused. Sadly, the fatality rate of domestic violence is too high nationwide, leaving officers to take the side of the alleged victim. The first line of defense is to contact an attorney, because “I did not do it” does not resolve your case.
What Constitutes As Domestic Violence?
Domestic violence is an epidemic in our country. Statistics show that a woman is beaten every 15 seconds, which does not include the statistics of women abusing men. Regulations surrounding abuse charges have a broad reach encompassing a multitude of extraneous behaviors.
Abuse in Illinois includes physical violence, harassment, forcing a child to watch violence, coercion, and denying someone suffering from a disability access to necessary care. To qualify for domestic abuse rather than the lesser charge of abuse, the victim must be one of the following people:
- Current or former spouses;
- Parents, children, or stepchildren;
- A previous housemate;
- Past romantic partners, regardless of gender;
- The other biological parent to the accused’s child; or
- People who have a disability or their assistant.
What is Necessary Proof?
Probable cause must be present in any case to make an arrest. Many physical abuse situations have visible injuries, which often give the officer enough probable cause to make an arrest. Several other aspects of domestic violence leave no physical evidence. Does the accuser have a case because he or she claims abuse happened? Much of what supposedly occurred likely happened within the home, out of sight of any witnesses.
Family members and friends close enough to the situation may have information, but often have different versions of the same story. Typically, prosecutors will utilize anything they have in their arsenal including any witnesses despite differing accounts, physical evidence, bystanders, the victim, and police officers. The decision is often left to the jury to determine which side tells a more compelling story.
Do Not Leave Your Future to Chance
Some people thrive on the rush uncertainty gives, others become immobilized. No matter your initial reaction or how you deal with your day-to-day experiences, this is not a case for you to let “whatever happens happens.” The repercussions of domestic violence are severe. Discuss your case today with a Naperville, IL domestic violence defense attorney today. Law Office of Glenn M. Sowa, LLC is available to take your case today. Call us now at 630-232-1780.