False Domestic Abuse Allegations: Common Risks and How to Protect Yourself from Potential Criminal Charges

 Posted on November 07, 2016 in Domestic Violence

In the United States, a woman is beaten every fifteen seconds, and at least ninety-five percent of all domestic violence cases involve a man beating a woman. With statistics like these, it is no wonder that the law takes domestic abuse seriously. Criminal domestic violence allegations are capable of affecting a person’s livelihood, reputation, and emotional wellbeing, and sadly, there are times when a number of these allegations are a result of misleading - or entirely false - reports by the other domestic partner.

Men More at Risk for Facing  Domestic Violence Charges

While men also fall victim to abuse, statistics illuminate the overwhelming reality that women are typically the ones to be abused in relationships. Due to this trend and the statistics that consistently back it up, a significant amount of men who are truly innocent of such offenses often find themselves up against serious criminal charges when allegations are brought against them.

There are many reasons the odds tend to be stacked against men in these cases, but two factors in particular contribute to the problem: Filing an order of protection is a fairly easy process and minimal evidence is required. For example, during a divorce, women sometimes report physical abuse and file an order of protection to give them an advantage when it comes to claiming custody of children or simply out of spite. All that is usually required to file is a statement that you feel you are somehow in danger.

Protecting Yourself from False Allegations

Due to the ease of obtaining an order of protection and the fact that such orders have the power to potentially blemish a person’s record (making it difficult to pass background checks for future employment opportunities), it is important to know how to protect yourself in the event someone accuses you of domestic abuse.

For starters, you need to work on building your case the moment you are accused. This means gathering witnesses who may be able to speak in your defense and collecting any and all evidence that may prove your innocence, including videos, text messages, emails, and voice messages. Secondly, you need to obtain a qualified criminal defense lawyer who can protect your rights in a court of law.

Last, but certainly not least, as your case progresses, you need to be aware of your behavior in court and when dealing with law enforcement. Remain calm, civil, and polite, and be sure to cooperate. Bad behavior will easily work against you in court, so be sure to avoid acting in any way that may hurt your case. If you are involved in a domestic violence dispute that has led to false accusations being brought against you, it is time to speak with a qualified Chicago criminal law attorney. Call the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney at 312-629-0669 today for a special consultation to ensure your best interests are protected.

Sources:

http://www.huffingtonpost.com/joseph-e-cordell/false-allegations-of-abus_b_8578086.html

http://www.isp.state.il.us/crime/domesticviol.cfm