What to Do When You Face a False Domestic Violence Accusation
Domestic violence is a crime. Different from battery, domestic violence is the act of physically harming another individual. Moreover domestic violence is specific violence committed toward a member of the offender’s household, an individual with whom he or she has a child or a previous relationship, or a disabled person for whom the offender acts as a caretaker.
In Illinois, domestic violence can be charged as a Class A misdemeanor, a Class 4 felony, or a Class 2 felony.
Facing a domestic violence accusation can be scary, especially when it is a false accusation. Individuals make false accusations for a variety of reasons, including as an attempt to have the accused’s parental rights revoked. If you are arrested for alleged domestic violence, consider following to help give yourself the best chance possible of proving your innocence.
Know your Rights
When you are arrested, you have the right to remain silent. Do not speak to police beyond polite acknowledgment of their presence. You are under no obligation to answer any of their questions.
Once you are in custody, you have the right to have a lawyer present when you are interrogated. Exercise this right. You also have the right to avoid self-incrimination. Therefore, if you are unsure how to respond to an officer’s question, consult with your lawyer first.
When you are facing any type of criminal charge, you need to have a criminal defense representing your case. This is the most effective way to help fight your charge. In addition to advising you on interacting with law enforcement, your lawyer will:
- Help you gather evidence to support your case;
- Work with you to develop your case before your trial;
- Help you prepare for court by advising you about court protocol and your right to cross-examine witnesses; and
- Work with you to make the most productive choices possible for your case. This could mean challenging an Order of Protection made against you or filing your own case against your former partner for defamation.
Head to Court to Defend your Case
After you have secured a lawyer, it is time to head to court. Defending your case will require you to use evidence to show that you did not injure the other party through an act of domestic violence.
This evidence can include:
- Testimonies from witnesses to any alleged acts of violence;
- Photographs of the alleged victim’s injury (or the lack thereof);
- The alleged victim’s medical records regarding his or her injury (or the lack thereof); and
- Any evidence that shows the alleged victim has a motive to make false accusations about you.
Work with an Experienced Naperville Criminal Defense Lawyer
Contact an experienced Naperville criminal defense lawyer as soon as possible after your arrest to start working on your legal defense strategy. Your lawyer will help you gather the evidence you need to support your position and work with you to fight the charge. To get started with our team, contact Donahue & Sowa today to set up your initial consultation with us.