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Falsely accused of domestic violence? Know what to do next

| Apr 11, 2019 | Family Law |

Domestic violence is a serious problem. However, not every accusation that makes it to a courtroom is valid — especially during a divorce and custody battle.

If you’ve been falsely accused and served with a temporary restraining order, you need to understand exactly what to do — and what not to do — in this situation. Otherwise, you can quickly fall into a trap that will make your predicament much worse.

1. Do not contact the alleged victim in any fashion

No matter how upset you are, no matter how much you want to try to reason with the other party — just don’t. Once you’ve been served with the temporary restraining order, any contact at all from you to the other party can land you in jail. This includes:

  • Phone calls
  • Texts
  • Email
  • Letters
  • Messages passed by friends or relatives

Even driving by the house on your way to and from work could potentially be considered harassment — so simply steer clear of the other party completely. If the other party attempts to contact you, do not respond.

2. Seek legal representation as soon as possible

You’ll be given a chance to fight the allegations against you in a full hearing — but you don’t want to tackle this job yourself. Our office can help you understand what evidence will help you and exactly what options you have as you endure this process.

3. Gather all the evidence that you can to support your innocence

False allegations seldom happen out of the blue. You may have threatening texts or messages from your accuser. Witnesses may be available who can testify on your behalf about your character and the character of your accuser.

Above all, stay calm. You don’t want to let your frustration or anger make you seem like a volatile individual. With experienced help, you’ll get through this and be able to move forward with your life fairly soon.

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View the profile of Illinois Family Law Attorney Alex Fawell
DCBA | DuPAGE County Bar Association Member
Lead Counsel Rated Attorney