Dealing with False Accusations of Domestic Violence

 Posted on June 20,2024 in Domestic Violence

Domestic violence accusations are taken very seriously in Illinois. To ensure that all victims are protected, there is a streamlined process in place that does not always require corroborating accusations before taking action. If your wife has falsely accused you of domestic abuse, the court might grant her an Order of Protection, and you can be legally obligated to maintain a distance from your home and even your children until it is resolved. She might even get an Emergency Order of Protection, which is issued almost immediately without hardly any bureaucracy or processing delays. Fortunately, if you can demonstrate that her claims are false, you have options. If you are facing false accusations of domestic violence, contact a passionate DuPage County, IL family law attorney to understand how you can fight them.

Responding to an Emergency Order of Protection

Accusations of domestic abuse are taken seriously. There is a dedicated procedure that needs to be carried out for the court to determine whether the accusations are valid and an Order of Protection should be issued. However, based on the accuser’s testimony alone, an Emergency Order of Protection (EOP). This is a form of a restraining order that can take effect immediately. It is not issued instead of a regular Order of Protection but just used until the court completes the regular process to prove that an Order of Protection is necessary. If the court issues an EOP, you will be given information about:

• Places where you are not permitted to be
• The minimum distance you need to maintain from certain people or places
• Your court date when you will be able to plead your case
• The expiration date for the EOP.

How to Deal with False Accusations

If you are sure the claims against you are false, make sure to go over the entire EOP, understand exactly what is included in the order, and follow it strictly. Otherwise, you could face worse consequences.

You have the right to petition the court to move your court date earlier. This can help you resolve the issues quickly. At court, you will have the opportunity to plead your case. You also might decide not to show up in court on the appointed date. However, that means that the case will be decided without you there, and your accuser’s claims will likely be accepted since you will not be there to refute them.

Schedule a Free Consultation with a DuPage County, IL Order of Protection Lawyer

If you are facing false accusations of domestic violence and an order of protection has been issued against you, speak with a qualified Wheaton, IL family law attorney to review your options. At Fawell & Fawell, we understand how infuriating it can be to be falsely accused, and we will fight hard to clear your name. Call us at 630-871-2400 to schedule a free consultation.