Defending Against False Accusations of Domestic Violence

 Posted on March 28, 2016 in Domestic Violence

Accusations of domestic violence are all too common in family law cases. While there is no doubting the serious problem of domestic violence among families in Illinois, sometimes the accusations are not true. If you have been accused of domestic violence, you need to understand what you can do in family court to defend yourself.

Protective Orders and Temporary Restraining Orders

Victims of domestic violence in Illinois are able to apply for a protective order or a temporary restraining order without any advance notice to the alleged abuser. The judge will issue the order if the victim’s application meets all of the legal requirements.

Once the order is issued, a law enforcement officer will then serve a copy of the order on the alleged abuser. These initial orders are not permanent. Before they can become permanent, the court will hold an evidentiary hearing.

Importance of Complying With Orders

It is important to obey the terms of any protective order or temporary restraining order, even if you believe the allegations in the application for the order were false. If you fail to obey the order, you can be charged with the crime of violating a protective order. Additionally, disobeying an order, even if the order is later dismissed, can harm your family law case.

It is possible to violate a protective order without even talking to, or coming into contact with, the victim. You can violate an order with a simple text message or social media post.

Challenging Orders in Court

You will have an opportunity to challenge the order in court. If you fail to attend the scheduled hearing, the order against will likely be made permanent. If you have an order of protection against you, it can affect any allocation of parental rights claims you have as well as limit your parenting time with your child.

It is frustrating to be accused of something you did not do. If you are accused of domestic violence in a family law case, you need to get skilled legal representation right away. You also need to gather as much information as you legally can to back up your claims.

If you have any questions about domestic violence or any other family law issues, you need to speak with an experienced Kane County family law attorney. Call The Law Offices of Douglas B. Warlick & Associates today at 630-232-9700 to schedule a confidential consultation.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100