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IL defense attorneyOverall, the broadening of domestic violence laws and resources has helped victims throughout the U.S. However, that does not mean that there are not people who make false accusations of abuse. If someone falsely accuses you of domestic violence, you should take the possible conviction seriously and develop an aggressive defense with a trustworthy domestic violence attorney.

Although domestic violence usually implies an abusive relationship between spouses or people in an intimate relationship, Illinois law expands that definition to include more potential victims. The Illinois Domestic Violence Act states that the following parties can make domestic violence claims:

  • Family members related by blood
  • People who are married or used to be married
  • People who share or used to share a home, apartment, or other common dwelling
  • People who have or allegedly have a child in common or a blood relationship through a child in common
  • People who are dating or engaged or used to date, including same-sex couples
  • People with disabilities and their personal assistants

If a vengeful spouse or partner falsely accuses you of domestic violence, they might be doing so to gain full parenting rights or a larger share of marital assets. Although it can be difficult for someone to make false allegations of domestic violence without much evidence, defending against them can be just as challenging due to a potential lack of witnesses.

First Steps Towards Defending Against False Accusations

Typically, when someone makes a domestic violence claim in Illinois, a court will issue an Order of Protection that restricts the ways the accused can interact with the alleged victim. Regardless of how you feel about an Order of Protection being levied against you, it is essential to carefully abide by the restrictions specified. If you show anger or frustration with the OOP, a court might lean towards ruling in favor of the accuser.

Even if the Order of Protection was filed on false accusations, you could still face criminal penalties for failing to abide by it. An OOP also requires you to attend various hearings: attend these or risk being punished. In the meantime, find any witnesses and work closely with your attorney to overcome false domestic abuse claims.

Contact an Elgin, IL Domestic Violence Attorney

Domestic violence charges are not to be taken lightly. You should treat them as such by seeking the help of a seasoned Elgin, IL domestic violence attorney. Call 847-488-0889 to schedule a free consultation at The Law Office of Brian J. Mirandola. Our experience helping clients fight domestic violence charges will prove immensely helpful when developing your defense.

 

Sources:

https://illinoisattorneygeneral.gov/women/victims.html

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59

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IL defense lawyerDomestic abuse charges have many possible outcomes, one of which is that an order of protection will be placed against the accused. In 2020, the rules regarding how an order of protection is allowed to be issued are changing slightly to grant victims of domestic abuse more safety. However, if you are accused of domestic abuse, this new rule could change how your case plays out. During divorce proceedings or if you believe you have been wrongfully accused of domestic violence, speak with an experienced domestic violence attorney to protect your rights.

New Order of Protection Laws in Illinois

Before 2020, the accused party in a domestic abuse case would be notified of any order of protection filed against them. In some cases, this encouraged abusers to contact them and potentially make these situations worse. However, the new bill that took effect in 2020 will allow orders of protection to not be available publicly until they have been served. If an OOP was served to you, this could mean that it would take longer to contest the order if it is unjustly strict or not representative of the relationship you had with your ex-partner.

Illinois Orders of Protection

With this new law in place, it is worth revisiting the implications of an Order of Protection. First, OOPs are to protect family or household members, not people in any other type of relationship. The OOP bars the abuser from contacting the person that served the order. However, these can be specifically tailored and are not the same across the board. For instance, OOPs could prevent a couple from sharing a residence, or they could just block the abuser from being near the petitioner while intoxicated or on drugs. OOPs can also have strong consequences for child custody and visitation rights.

Contact an Elgin Domestic Violence Lawyer

OOPs vary on a case-by-case basis, and whether you are trying to understand what to do next if an order was served against you or you are attempting to contest the order, the highly experienced attorneys at the Law Office of Brian Mirandola can assist you. With a deep understanding of divorce and domestic abuse law, we will aggressively defend your rights as an individual and as a parent. To schedule a free consultation with an Elgin domestic violence attorney, call 847-488-0889.

 

Source:

https://illinoisattorneygeneral.gov/women/ordersofprotection.html

https://charliemeier.net/wp-content/uploads/sites/37/2019/12/New-Laws-2020-FINAL-2.pdf

 

 

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IL custody lawyerRegardless of the exact circumstances, child custody gets especially complicated if there are allegations of domestic abuse against you. If you are wondering if you will be able to visit your children after a former partner or spouse has filed a restraining order against you, the short answer is yes, but each case can play out much differently. To protect your rights in determining child custody and visitation, work with an accomplished domestic abuse attorney to put your best case forward in court.

How Visitation Rules Change in a Domestic Violence Case

As in any divorce case, the court will consider many baseline factors when determining child visitation and custody. This includes the parents’ wishes, the child’s wishes, the child’s other familial relationships, the child’s relationship with his or her community, the parents’ and the child’s physical and mental health, and how much either parent wants to encourage their child to deepen their relationship with the other parent. However, whether either parent is a sex offender or if there are accusations of domestic violence against one of the parents, the case takes a much different shape.

If you are alleged of domestic abuse, the first thing a judge will decide based on the available evidence is whether you pose a physical, mental, moral, or emotional threat to your child. If any of those are the case based on past evidence, visitation may be revoked. However, this is an extreme case. In many domestic violence cases, the court must determine under what circumstances the other spouse’s and the child’s safety can be ensured during visitation. This can take shape in rules that allow a spouse’s address to remain confidential, can prevent the accused from coming directly to the other spouse’s house to meet their child, that visitation must occur at a third party residence or facility, or that the accused only maintain electronic communication with their child.

Illinois courts are allowed to grant supervised visitation, which is when the alleged abuser and their child can meet at a neutral facility with a state-assigned supervisor. This supervisor can be another friend or family member if the court agrees to it. If you are granted supervised visitation, you will have to pick up the supervision fees.

Contact a Domestic Violence Attorney in Kane County

The circumstances of every domestic violence case are unique, and if you face any such allegations, you will need exemplary legal defense from an experienced Elgin domestic violence attorney to help defend your rights so that you have the best chances of maintaining a relationship with any children you might have. The Law Offices of Brian J. Mirandola can help sort out the complicated details of your case. Call us today at 847-488-0889 to schedule a free consultation.

 

SOURCES:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7

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Avvo Illinois State Bar Association Kane COunty Bar Association
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