What Constitutes Domestic Violence?

Illinois law considers domestic violence a criminal act involving brutal physical contact or verbal threats with the intent to control an individual family or a particular household member. Under the state’s legal code, the definition broadens to include non-abusive actions such as stalking, harassment, and emotional intimidation. This crime carries a prison term with life-long consequences. If you have been falsely accused, it’s important to understand what’s involved in proving your innocence.

Even if you are innocent, you need to prove it in court. Call a Chicago Criminal Defense Attorney at the Toney Law Firm before talking to anyone including law enforcement. Now, take a deep breath and be prepared to go through some emotional recollections while getting ready for trial.

Conduct Matters

False accusations occur for many reasons. Given the closeness of relationships, emotions run high during divorce, or child custody disputes. If you are aware or suspect the other person of making false statements against you, you need to protect yourself.

Remorse from past relationships can prompt domestic violence complaints. Nonetheless, the accusations still need to be verified. False allegations can destroy a career. Irrational responses on your part will affect the case. Stop and consider the consequences before reacting.

Keep records of communications, time or locations of incidents that may have triggered the complaint. Contact your attorney before making decisions on how to deal with the situation.

Cooperative Defense

As difficult as it going to be, do your best to avoid conflict with the other person. If possible, make sure you are never alone and try to have another adult who will act as a witness for you.

Both of these actions help in establishing inconsistencies with the complaint, strengthening your case to prove the accusations are not reliable. Be sure to keep your attorney updated on all communications or encounters.

Court Evidence

In most cases, there are police reports with affidavits or statements against you. You cannot dismiss these documents, but you can tell your side of the story. A Chicago Criminal Defense Attorney is going to review the documents before going to court.

Emotions are high, and your innocence is at risk, try to remain calm during the proceedings. You need to demonstrate that you are not the person accused of domestic violence. Any display of anger is going to work against you.

Witness Characteristics

This is about you. You want to name witnesses who know you and have knowledge about the relationship. Believe it or not, our neighbors listen and watch more than they are willing to admit.

Don’t forget about business associates or confidential friends you share private and personal information with. Your witnesses are going to invalidate the accusations.

A Chicago Criminal Defense Attorney will evaluate the evidence against you. Remember, laws are designed to ensure justice is served. Credible evidence works in your favor by creating doubt against the complaint. Presenting the evidence in your favor is what we do.

If you have been falsely accused, contact our office immediately. Attorney Sarah Toney will fight for your innocence and work hard to establish a strong defense.

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