What Do I Do if I Am Falsely Accused of Domestic Violence in Illinois?

 Posted on October 02, 2025 in Domestic Violence

Very few things are more frustrating than being accused of something you did not do. When that something is as serious as domestic violence, it can have a major negative impact on every part of your life. The legal process can move fast, but you have the right to defend yourself and tell your side of the story in court. An experienced Kane County, IL domestic violence defense lawyer knows the laws that apply to these cases and will help you build a strong defense to fight the false allegations.

How Does Illinois Law Define Domestic Violence?

The Illinois Domestic Violence Act defines domestic violence as abuse between family or household members. Abuse is a broad term that can include things like physical harm or intimidation. The law also applies to many types of relationships. The obvious examples are spouses, children, and parents. However, it can also refer to people who live together, like roommates, or people who are dating or engaged.

Domestic battery is a common charge related to domestic violence. Under 720 ILCS 5/12-3.2, a person may face charges if they cause bodily harm or make physical contact that is insulting or provoking. Even small actions can lead to an arrest. A more serious charge is aggravated domestic battery. According to 720 ILCS 5/12-3.3, this applies if the alleged abuse caused serious harm, permanent injury, or strangulation. This offense is a felony and can lead to prison time. Unfortunately, false accusations sometimes lead to these charges, which is why having a strong defense is so important.

What To Do After Being Falsely Accused of Domestic Violence

From the moment you are accused of domestic violence, you can take action to protect yourself and build your defense. Some tips to keep in mind include:

• Do not contact the accuser: Even if you want to explain your side of the story, anything you say or do can be misunderstood and used against you.

• Follow all court orders: If a judge issues an order of protection, follow it completely. Even a small mistake could lead to more charges.

• Save evidence: Keep texts, emails, or social media posts that show the other side of the story.

• Find witnesses: People who know what really happened or can confirm where you were can support your case.

• Call a defense attorney quickly: A lawyer can protect your rights and start preparing your defense right away.

Common Defenses Against Domestic Violence Charges in Illinois

There are several ways to defend against false claims of domestic violence. Sometimes the evidence is not strong enough to prove guilt. In other cases, self-defense may explain your actions, especially if you were protecting yourself or someone else.

False claims can also happen during stressful situations like a breakup or custody fight, and a lawyer can point out reasons the story may not be reliable. Finally, not every disagreement meets the legal definition of domestic battery. If contact was accidental or not meant to cause harm, it may not be a crime. Your attorney will analyze the details of your case to determine the best defense.

Contact an Aurora, IL Domestic Violence Defense Attorney

Attorney Brian J. Mirandola has devoted his career to defending individuals against criminal charges. As a former Assistant State’s Attorney, he has valuable insight into how prosecutors build cases and how to expose weaknesses in their arguments. His dedication to clients has earned him recognition as an Elite Lawyer since 2019 and made him a Top 10 Criminal Defense Attorney in Elgin.

At The Law Office of Brian J. Mirandola, we understand the stress that false accusations can cause, and we approach every case with compassion and determination. If you or someone you love is dealing with these charges, call 847-488-0889 today to schedule a free consultation with an experienced Kane County, IL domestic violence defense lawyer.