How False Domestic Violence Arrests Happen

 Posted on April 29, 2024 in Criminal Law

Not everyone who gets arrested on domestic violence charges is guilty. In fact, many are entirely innocent and have been falsely accused or were acting in self-defense. The problem with domestic violence cases is that the police are seldom there to witness the assault - and neither is anyone else. Most legitimate abusers do not assault their partners in public where others can see - they do it behind closed doors in their own homes. This means that police officers who respond to calls about domestic disputes essentially have to guess what probably happened and make an arrest based on that guess. If you have been falsely accused of domestic violence, you need a Cook County, IL criminal defense attorney immediately.

Why Innocent People Get Arrested for Domestic Violence

Domestic disputes - fights between romantic partners or people who live together - can be intense and chaotic. Police often arrive to find both parties extremely upset. They are then left to try to get both sides of the story and decide who - if anyone - to believe. Some factors that contribute to mistaken domestic violence arrests include:

• False accusations - Police would like citizens to believe that they are human lie detectors, but this is not the case. If one party lies believably, there is a chance that the police will believe him or her and arrest the other party based on a falsehood. 
• Self-defense injuries - If your partner was physically attacking you, you had the right to use reasonable self-defense. However, legitimate self-defense might leave a visible injury, like a bruise, on the attacker. If you do not have any visible injuries and the person who attacked you does, the police might mistakenly arrest you. 
• Witness confusion - If you live in an apartment, your neighbors might hear, but not see, what is going on. If they heard you screaming because you were being attacked followed by the sound of dishes breaking, they might tell the police that it sounded like you were the one behaving aggressively.
• Trauma responses - This is a common issue among victims of long-term domestic abuse. If your partner has a long history of violently abusing you, another assault might trigger a trauma response, which may mean that you are unable to calm down and explain what happened. Your abuser, on the other hand, might be perfectly calm because he has been in control the whole time. This can lead to victims getting arrested by mistake. 

There is hope if you are falsely arrested for domestic violence.

Contact an Arlington Heights, IL Domestic Violence Lawyer 

Scott F. Anderson, Attorney at Law is committed to protecting people who have been falsely accused of domestic violence. Experienced Cook County, IL domestic violence attorney Scott Anderson has been recognized by Avvo as an Excellent Top Attorney. Contact us at 847-253-3400 for a complimentary consultation.