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Wheaton, IL 60189
The Stogsdill Law Firm, P.C.

How Should I Respond to False Claims of Domestic Violence?

Posted on in Domestic Violence

Wheaton, IL order of protection defense lawyerThe National Coalition Against Domestic Violence estimates that one in every four U.S. women and one in every seven U.S. men have experienced domestic violence. Physical abuse, psychological manipulation, financial exploitation, and other forms of abuse exist within many families. Sadly, some people choose to use false accusations of domestic violence or abuse in an attempt to influence family law cases. Whether it is a divorce, child custody dispute, or another family law matter, allegations of abuse will likely have a major impact on the outcome of the case. If you have been accused of abusing a family member, there are several actions you should take immediately.

Gather Evidence and Witnesses That Support Your Side of the Story

One of the first things you should do if you are accused of abuse is to obtain any evidence that can help prove that the accusations are untrue. This may include things like text messages, voicemails, emails, letters, and other correspondence. Also, start thinking of witnesses who can corroborate your side of the story during any legal proceedings. Witnesses who are willing to testify about your character can be extremely beneficial to your case.

Consider Requesting a Guardian Ad Litem

A guardian ad litem (GAL) is a lawyer who may be assigned to a family law case involving children. He or she does not represent either party in the dispute, but instead advocates for the children’s best interests. The GAL may visit each parent’s home and conduct interviews with parents, teachers, doctors, family members, and the children themselves in order to form an educated opinion about what is best for the children. The GAL then makes a recommendation to the court about what case outcome he or she thinks will protect the children’s best interests.

Follow the Provisions in Any Protection Orders

If you have been falsely accused of abuse, stalking, or violence, your accuser may file an order of protection, sometimes called a restraining order, against you. The order may prohibit you from contacting the accuser, seeing or spending time with your children, or even living in or entering your own home. While being the subject of a restraining order is a frightening and frustrating experience, it is crucial that you follow the provisions contained in the order of protection. If you violate the terms of the order, you could be arrested and charged with a criminal offense. Furthermore, violating the order of protection will only give your accuser more ammunition to use against you in the future.

Contact a DuPage County Child Custody Lawyer

Claims of abuse can have a dramatic impact on family law cases. If you have been falsely accused of domestic violence, you need to consult with an experienced attorney right away. Contact The Stogsdill Law Firm, P.C. to get the legal support you need. Call our office at 630-462-9500 today and schedule a confidential consultation with a skilled Wheaton family law attorney.



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