Dealing with False Domestic Battery Allegations in Illinois

 Posted on October 10, 2016 in Domestic Violence & Orders of Protection

Domestic battery is considered a serious offense in the state of Illinois. This is due, in part, to the awareness and movements associated with domestic violence prevention. What do you do, though, when the allegations against you are completely false? Are you even at risk if you are truly innocent? It may seem that the obvious answer is no, you are not at risk if you have not done anything wrong. Yet this is not always the case. The following information explains further.

Divorce and Child-Related Matters Often a Catalyst for False Allegations

While not always the case, child-related matters and divorce often serve as a catalyst for false allegations of domestic battery. It may be a ploy to increase the accusing party’s portion of the divorce settlement, or it could be an attempt to gain more rights to a shared child. Alternatively, there may be no reason outside of wanting to make the other person “pay” for wanting a divorce. Such acts of retribution, revenge, or manipulation might seem easy to disprove, but this can be a slippery slope for the wrongly accused.

Disproving Wrongful Allegations Far from Easy

Believe it or not, little to no evidence is needed in a domestic battery case. This is due to the broad definition of domestic battery, which includes either bodily harm or contact of an insulting or provoking nature (i.e. shoving, grabbing clothing, etc.) Further, judges and other law enforcement officials have been taught to err on the side of caution when it comes to domestic violence. Add these two issues together and you have a perfect storm for wrongfully accused individuals. It is for this very reason that it is highly recommended you contact an experienced criminal defense attorney about your case.

What Are the Consequences for Domestic Battery?

Typically considered a Class A misdemeanor on a first offense, but able to be charged as a Class 4 felony under certain aggravating factors, a domestic battery conviction can lead to heavy penalties. You could face jail time, be kept from your family, and have a conviction that remains on your record for the duration of your life. As such, you should never attempt to face such charges alone. Instead, contact an experienced criminal defense attorney. Depending on your situation, they may be able to get the charges against you dropped, or it may be possible to mitigate your case to reduce the consequences of conviction (i.e. court supervision with no record).

Contact Our Experienced Arlington Heights Criminal Defense Attorney

If you are facing criminal charges for domestic battery, contact Scott F. Anderson, Attorney at Law, today. Skilled and dedicated, we will aggressively defend your rights and pursue the most favorable outcome possible. Call 847-253-3400 and schedule your consultation with our seasoned Arlington Heights criminal defense attorney today.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.2

http://www.saveservices.org/falsely-accused/domestic-violence/tips/how-do-domestic-violence-laws-encourage-false-allegations/