Dealing with False Accusations of Domestic Violence


Being arrested can be a terrifying and disorienting experience, especially if you have done nothing wrong. Your arrest may have come as a result of a highly intense and emotional argument you had with your significant other. Couples get into charged verbal altercations all the time.

 

However, yelling and shouting does not amount to domestic violence. The crime of battery occurs when a person physically harms, insults, or intimidates another. If the police arrive at a home in which such an assault is alleged, they have the option to counsel the couple, issue a warning, arrest one of the individuals, or arrest both.

What to Do When You Have Been Arrested

If you have been arrested on false accusations of domestic violence, you will need a Chicago criminal defense attorney straight away. You may be angry and indignant, however, you need to make sure your emotions do not cloud your judgment, as it can ultimately cost you your freedom. You must not allow yourself to be baited or antagonized into doing or saying anything that will allow the authorities to press their case against you.

In fact, it is best to say nothing at all until your attorney arrives. Just because you have been arrested on the false accusations of domestic violence doesn’t mean the police and prosecutors have evidence that you did it. You are innocent until proven guilty, and you should exercise your Fifth Amendment right not to turn in evidence against yourself by speaking to the authorities.

Once your Chicago criminal defense attorney arrives, they will advise you on how to answer the questions put to you by police. Or, if you are too shaken up to answer any questions at all, your attorney can speak on your behalf.

Your arrest may have come about because the officer who arrived on the scene thought it best to separate you from your partner for a while. This is not a good reason to deprive you of your freedom, but the matter can be quickly cleared up when your defense attorney intercedes, and hopefully, you will be able to avoid spending the night behind bars.

Your Need for a Robust Defense

The case can become more complicated if the authorities find evidence that a battery has taken place. In this instance, you will need a more vigorous legal response. Things will get even more serious if your partner decides to press charges. Conviction on the charge of battery can lead to a 30-day jail sentence and a $1,500 fine. If you are charged, your lawyer will need to develop a more systematic defense.

No matter the particulars of your situation, The Toney Law Firm can help you get through it. Our firm has handled a great many domestic abuse cases. If you have done nothing wrong and your significant other is trying to get you jailed out of grievance and spite, then your Chicago criminal defense attorney will be able to point out the shortcomings in the evidence and discern the flaws in the prosecution’s arguments.

 

If it turns out you did act unwisely in a moment of passion, your lawyer may be able to negotiate with the prosecution to get a result that is favorable to you.

 

Contact The Toney Law Firm at (888) 473-4058 for aggressive representation.

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