Have you been falsely accused of domestic violence or abuse? In Illinois, allegations of domestic violence are taken very seriously. The state will pursue the harshest possible penalties for a suspected crime. Unfortunately, most domestic violence cases lack evidence. As a result, disputes often boil down to your word against your accuser’s. You need to know what steps you can take to protect yourself and your future.
Contact an Attorney Immediately
Whether you have been accused of battery or sexual assault you need to speak with an attorney immediately. There can be very real consequences if the state decides it has enough evidence to file criminal charges. Attorneys understand that your future is being threatened and know the best ways to handle these sensitive matters.
At the Kostopoulos Law Group, our lawyers have experience on both sides of the law. Before turning his focus to criminal law, attorney Gus Kostopoulos spent many years as a prosecutor. Getting to practice both sides of the law has provided a unique insight into how the criminal justice system works. He draws on his experience as a prosecutor to give his clients the best chance at winning their case.
Do Not Speak With Your Accuser
You may be tempted to speak with your accuser. Resist the urge. The things you say and do can come back to haunt you. Your accuser may even be trying to trick you into saying or doing something that will hurt your defense They may even try to accuse you of hurting them again. If you must talk with your accuser make sure that there is a witness present. The best meetings will take place in public with many witnesses around.
Gather Evidence to Support Your Side of the Story
Domestic abuse cases often lack evidence. Arguments basically come down to your side of the story vs. your accuser’s. Judges are then forced to decide who they believe based on the limited evidence they have been given. Since allegations are false, you know that any evidence of abuse is (a) nonexistent or (b) manufactured. This can actually work in your favor. Why? Because you can gather valid pieces of evidence to (a) prove harmful evidence was manufactured and (b) show you are not guilty of the crime.
Evidence that may be helpful in your domestic violence defense include:
- Texts, emails, or letters from your accuser in which they threaten to falsely accuse you
- Communications which show a pattern of false accusations
- Medical records to contest reports of injuries
- Reports from social workers and/or mental health professionals
- Proof of the accuser’s demonstrated history of drug and/or alcohol abuse, and
- Family law court documents.
Many false allegations of domestic violence occur when couples are trying to get through a difficult divorce. Accusing you of abuse may be a tactic to gain custody of the kids or secure more property in the split. It is important to frame the allegations of abuse in the proper context. Your attorney will make sure that a judge understands that the allegations could be motivated by the divorce.
Recruit Witnesses to Testify on Your Behalf
Do you have friends, family members, or professionals who can testify on your behalf? Talk to them as soon as you can. Judges will be more inclined to believe your side of the story if other people back up what you have to say. The best witnesses will have personal knowledge of your relationship and the accuser. This is particularly true if you have been able to identify why you have been falsely accused of domestic violence.
Have you been falsely accused of domestic violence in Chicago? It’s important to understand that the things you do can affect your criminal case. Contact our criminal defense team to schedule a free case assessment.