Though the domestic violence laws in Illinois are meant to protect families, abuse of domestic violence laws can harm the very families they were designed to keep safe. False domestic violence allegations can be harmful to the accused, their families, and the Illinois criminal justice system in general.

Regrettably, false domestic violence allegations are not uncommon both state- and nationwide.

[clickToTweet tweet=”The prevalence of false allegations may be partially attributed to the broad definition of domestic violence ” quote=”The prevalence of false allegations may be partially attributed to the broad definition of domestic violence in many states.”]

Illinois law defines domestic violence as any act of physical abuse, harassment, or intimidation of another member of the household or family. This definition covers a wide range of physical and psychological crimes, including assault, stalking, threatening, or repeatedly contacting a victim.

What does this mean for your domestic violence case? You can be charged for domestic violence without lifting a finger against the alleged victim, or even without ever being in the same room as them. Domestic violence charges can arise from incidents as seemingly trivial as repeated text messages, a minor disagreement, or a gesture that could be interpreted as aggressive.

Additionally, in domestic violence cases, it is up to the officer’s discretion whether to arrest you. In essence, if the police receive a report of a domestic violence crime, they will dispatch a law enforcement officer to the scene of the alleged crime and will make an arrest if there is probable cause of domestic violence.

If you have been falsely accused, arrested, or charged with domestic violence, you may be understandably feeling upset, angry, and scared. However, it is of the utmost importance that you do not forfeit your rights and allow a false domestic violence allegation to prevail. If you are wrongly convicted for a domestic violence crime, the consequences will not only be devastating to you and your family, but harmful to the integrity of the Illinois criminal justice system.

How False Domestic Violence Allegations Affect You

The consequences of a domestic violence conviction go even beyond lengthy prison sentences and heavy fines to affect your future career, education, housing situation, and civil rights. A domestic violence conviction may leave a stain on your permanent record that can follow you for the rest of your life. Your record may be accessible to the general public, including prospective employers, landlords, college boards, and loan officers. With a domestic violence conviction permanently etched into your record, you may have difficulty obtaining a job, securing housing, or seeking a secondary education.

If you are a teacher, doctor, or other professional, you may lose your license or financial bond. After losing such qualifications, you may be barred from continuing to practice your profession or trade. In addition, a domestic violence conviction may prevent you from holding a government job or running for public office. You may also lose your job if you work in the police force, military, construction industry, or any other industry that requires the use of firearms or explosives.

After being convicted of a domestic violence crime, you may be required to enroll and pay for treatment, including psychiatric care, counseling, substance abuse treatment, and anger management.

How False Domestic Violence Allegations Could Affect Your Family

If you are convicted of domestic violence, a judge may issue a protective order that restricts you from spending time with or making decisions regarding your children. Such an order could prevent you from entering your home, while requiring you to continue to make mortgage, insurance, utility, and medical care payments for your household.

Once you are convicted of domestic violence, the court may restrict contact with your children to a supervised location or public areas. If the court believes you pose a threat to your child’s physical or emotional health, they may eliminate or limit your visitation rights to special situations.

How False Domestic Violence Allegations Affect the Illinois Criminal Justice System

One of the biggest flaws in the Illinois domestic violence system is that it provides incentives to self-interested or malicious victims to make false claims. Far too often, alleged victims use Illinois domestic violence laws to gain leverage in divorce proceedings or enact revenge. False allegations of domestic violence take away credence from true cases of domestic violence, making it harder for genuine victims to get the support they need.

Don’t let a false domestic violence allegation affect your future, your family, and the integrity of the Illinois criminal justice system. Contact a Chicago domestic violence defense lawyer, who can help you protect your rights and fight back against this grave injustice.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

Illinois takes domestic violence charges extremely seriously, and in Chicago, police officers do not take lightly to offenders who have been accused of harming loved ones. These crimes are serious, and police officers, lawyers, and judges are all working together to make sure that domestic violence is not tolerated in our state.

However, despite Illinois’s fervor to completely eradicate domestic violence, our state’s complicated laws can sometimes thwart its own efforts. Some of the domestic violence laws are too nuanced or too vague, thus making them more unhelpful than helpful. In some cases, the laws can not only hinder the state’s efforts to crack down on violence, but they can create serious danger for anybody accused of domestic battery.

Illinois Domestic Battery Law

According to Illinois law, an individual commits domestic battery if he or she:

• Causes bodily harm to any family or household member, and/or
• Makes physical contact of an insulting or provoking nature with any family or household member

Unfortunately, “physical contact of an insulting or provoking nature” can be just about anything. Although this law is of course intended to protect innocent citizens, it can be disastrous for wrongfully accused men or women. Sometimes, stressful or surprising situations can cause an individual to react in a way that may take somebody else by surprise. Even if the first individual had no violent intentions at all, if his or her actions were perceived as such, they could end up facing serious legal consequences.

[clickToTweet tweet=”Illinois’s domestic battery law means that even the most minor contact can be considered domestic battery” quote=”Illinois’s domestic battery law means that even the most minor contact can be considered domestic battery.”] Worse, there doesn’t even have to be any physical contact involved at all. If a person makes a threatening gesture—or, more accurately, if a person is believed to have made a threatening gesture—he or she may wake up to cops knocking at the door the next morning.

When the Laws Backfire

As mentioned, these laws exist to keep people safe. Men and women in violent relationships can take comfort in these laws and in knowing that there are rules in place that will protect them and ensure their safety.

For accused individuals, though, these laws can be presumptuous, intrusive, and unfair. What happens if a “domestic battery” charge is just the result of a misunderstanding? What if a gesture that someone else perceived as threatening was never intended to be malicious at all?

Misunderstandings and misinterpretations happen all the time. Usually, the consequences of a misunderstanding like this are not too severe, but if cops are called and the law gets involved, things can go downhill fast for the accused.

The consequences of a domestic battery charge can be disastrous. As with most crimes, the consequences get worse with each charge. If this is your first offense, you may be facing a fine of $2,500 and up to one year in a jail. But if it is a second or third offense—which would kick the charge up from a misdemeanor to a felony—the consequences could be much more severe: up to three years in prison.

Consequences like this are far too serious to risk, especially if they are the results of the most minor physical contact. Not only could you be faced with immediate jail time and fines, but you may also wind up with a mark on your permanent record, which could have repercussions for the rest of your life.

What to Do If You’re Charged with Domestic Battery

In any situation, if you’re convicted of domestic battery, whether it was a misdemeanor or a felony, and whether it was a result of documented physical abuse or a supposedly threatening gesture, the conviction will wind up on your criminal record. This means that anyone will be able to see this information when conducting a routine background check, including employers and landlords. Such a charge will stay with you for the rest of your life and could haunt you for years to come.

Luckily, it is possible to defend yourself against domestic battery charges. A lawyer who’s handled these kinds of cases before will know how to fight back and will work with you to develop the most effective defense strategy for you. A battery charge does not have to mean jail time and it certainly does not have to mean that your life is ruined.

If you find yourself facing domestic battery charges, do not risk the consequences. As soon as you find out that you’re being arrested, contact a knowledgeable domestic violence lawyer immediately. The sooner you act, the better your chances at getting a positive outcome.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.