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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 violence affects one in four women nationwide. Unfortunately, many acts of abuse are not reported and therefore are not stopped. The reality is that silence about abuse can lead to the death of the victim. Those who do report domestic violence can then issue an order of protection against their abuser. In the state of Illinois, violation of this court-ordered document is a misdemeanor offense that can be elevated to a felony offense against second-time violators.

What Is an Order of Protection?

After reporting the domestic violence, a victim can hire an attorney and ask them to file for an order of protection against their abuser. Typically, this order is issued when the victim and abuser are relatives or spouses.

Once the alleged abuser has been given the order, it stops them from:

  • Continuing the abuse or threat of harm
  • Sharing a household with the victim, especially if drug addiction is involved
  • Coming near the victim and others protected under the order. This includes at home, school, work, or any other public place.
  • Hiding a child from the victim or taking a child out of state

The order also allows a victim temporary physical custody over all minors involved in a domestic violence case. Custody becomes permanent after the Illinois court decides where the child will be most protected.

An order of protection could also require an abuser to attend counseling and turn over all weapons to the police while the domestic violence case is under investigation.

If at any time an abuser violates the terms of the order of protection, they will be charged with a Class A misdemeanor punishable as a prison term of up to one year and a fine of $25. If an abuser violates a second order of protection, they will face a Class 4 felony charge.

How to Defend Against Order of Protection Violations

Since an order of protection requires both victim and abuser to appear in court, both parties should seek the help of a lawyer. For the alleged abuser, a lawyer is the best defense against false charges of violating an order of protection.

A lawyer can make sure that an alleged abuser’s rights are not being violated during the domestic violence case. At times, a victim could attempt to report false charges against an alleged abuser for revenge. The offender can defend these allegations by:

  • Proving the order of protection was not violated by means of an alibi
  • Prove the victim set up a situation that would make the violator break the order of protection
  • Prove mistake of fact or entrapment

Contact an Elgin, IL Criminal Defense Attorney

An order of protection is good to keep a victim safe from their abuser, but it can also be a tool for false victims to get what they want while punishing an ex-lover. Those who are fighting false allegations of order of protection violations should hire a lawyer from the Law Offices of Brian J. Mirandola. Our knowledgeable Kane County domestic violence lawyers can protect your rights and keep you out of prison. To schedule a free consultation, call our office at 847-488-0889.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.4

http://www.illinoisattorneygeneral.gov/women/ordersofprotection.html

http://www.new-hope.org/facts-about-domestic-violence/?gclid=CjwKCAiA98TxBRBtEiwAVRLqu2S9Deoz0HuwKIYkziaSaV-j2JELVSExNAsghDQ7XBvlsGJFcWDxPxoCjHYQAvD_BwE

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IL defense lawyerIt has been getting harder and harder for criminals to steal from retail shops due to the security measures being taken. However, people still attempt to steal and unfortunately, this makes stores extra cautious.

As a result, patrons who frequent a specific store may be falsely accused of retail theft if they have previous purchases with them when they enter the store. Without the proper authorities being involved, a falsely accused person could face possible felony charges.

What Are Illinois’ Penalties for Retail Theft?

The state of Illinois covers a wide range of criminal actions when it comes to retail theft. A person could face charges of retail theft not only for running from a store without buying items but also if they are caught:

  • Switching labels on an item to make it seem cheaper in price
  • Attempting to remove security devices from an item to not set off the alarm
  • Moving an item from its proper container to attempt to decrease the value
  • Claiming ownership of an item that was taken without purchase
  • Using an anti-theft device to hide the crime

Charges and punishments are given out depending on the monetary amount stolen and if the accused has a history of thievery. Retail theft of items valued lower than $300 will be cited as a Class A misdemeanor for first offenses and a Class 4 felony for subsequent offenses.

If the value of the stolen items totals more than $300, the thief will be charged with a Class 3 felony for first and subsequent offenses.

Punishments include fines of as much as $25,000 for felony cases ($2,500 for misdemeanors) and prison time depending on the severity of the case.

How Could Someone Be Suspected of Theft When There Was No Crime?

It is common for someone to enter a store where they previously purchased an item in order to buy another similar product. For example, a woman could enter a store with a previously purchased bottle of makeup looking to compare her purchase with a fresh bottle that she would like to buy.

The shopper could be confronted by the store’s security if they see her pocketing the used bottle before going to buy her new purchase. This is a common “mistake of fact” which is a simple defense for false theft accusations; if the shopper simply proves that she entered the store with the already opened and used purchase, the accusations become void.

Other defensive strategies for false accusations include:

  • Proving that the criminal action was done on accident
  • Proving that the accused did not know that the theft was happening
  • Proving that the accused was persuaded to steal and they would not have done so without pressure
  • Proving that the accused did not know what they were doing was wrong

Contact an Elgin, IL Retail Theft Lawyer

Some false accusations of retail theft cannot be resolved simply. If the retail establishment insists that there was a crime, the accused should contact a lawyer from the Law Offices of Brian J. Mirandola to build a defensive strategy and avoid unlawful consequences. To schedule a free consultation with a Kane County retail theft lawyer, call our office at 847-488-0889.

 

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K16-25

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