Most divorces in Illinois are resolved without major conflict. However, in a minority of cases, one spouse may weaponize false allegations of abuse against his or her ex. The motive for an accusation may be tied to an ongoing custody dispute or just plain spite. In any case, a false allegation in a divorce can be incredibly damaging, especially for a parent who could have custody ripped away from them by bad-faith accusations.
Dealing with these allegations requires a delicate approach and strong legal counsel. If you have been falsely accused of abuse by your spouse during the dissolution of your marriage, it is critical that you get in contact with a skilled divorce attorney who can defend your rights and advise you on how to respond to any attack on your character.
The Impact of False Allegations
Illinois does not recognize fault-based grounds for divorce, such as cruelty, abandonment, or infidelity. This means that you cannot be penalized in the division of your marital property or an award of spousal support based on claims of abuse or other forms of marital misconduct. While this may be a relief to hear if you have been falsely accused, an allegation of abuse can still impact your custody of your child.
Family law courts in Illinois will always rule in favor of the child’s best interests. If your spouse tries to paint you as a violent abuser or a sexual predator, the courts will take these accusations seriously. Furthermore, if the allegations go uncontested, your spouse could be awarded sole custody, and the court could potentially deny you visitation rights. An experienced family law attorney can help you build a credible defense, protecting your innocence in and out of court.
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Avoid Contact
First and foremost, you should avoid making contact with your spouse after false accusations have been made. This is doubly true if you have been subject to a restraining order, as failing to cooperate with law enforcement could hurt your case. Your emotions may be running high, but a rash response might be used against you in court. For instance, leaving an angry voicemail could easily be spun as a threat by your spouse’s attorney.
Instead of confronting your spouse directly, we advise you to seek out legal representation as soon as possible. A divorce lawyer can provide you with ample guidance, keeping your best interests at heart during the legal proceedings. Despite how stressful a false accusation can be, it is important that you remain calm and avoid acting on impulse.
Responding to Investigations
If you are accused of child abuse or neglect during your divorce, you may be investigated by different authorities, including the police, family courts, and the Department of Children and Family Services (DCFS). No matter how unjust or unfounded the accusations may be, you should comply with the authorities’ demands. Your home may be investigated, and you and your child are likely to be asked certain questions about your fitness as a parent. If you are questioned by an investigator, be frank, but avoid making disparaging remarks about your spouse.
If the DCFS finds that the accusations against you do not line up with the facts, the investigation will conclude with a finding that the claims of abuse are unfounded. However, if DCFS finds the allegations to be credible, you can still appeal the decision in a hearing and take steps to prove your fitness as a parent. A family law attorney can help you prepare for this hearing and advocate for a favorable outcome on your behalf.
Compile Evidence
Gathering evidence to support your side of the story is crucial for contesting false allegations. Evidence can take different forms, including:
- Witness testimony
- Photos or videos
- Text messages
- Voicemails
- Recorded phone calls
- Medical records
An attorney can compile all of the relevant documents so that they can be easily presented to a judge. You should also make note of any of your spouse’s attempts to reach out to you, including the time and date. If you can dispute an allegation of abuse with a sound alibi or eyewitness testimony, you can cast doubt on your spouse’s account.
Hearings for a Protective Order
As part of a false allegation, your spouse may decide to request an order of protection barring you from returning to your home or seeing your child. An emergency order of protection is a short-term protective order that can be filed against you without your testimony. This order of protection only lasts two to three weeks until a hearing for a plenary order of protection can be filed. While an emergency order of protection is in effect, you will most likely be prohibited from contacting your spouse or your child in any way.
Though an order of protection based on a false allegation can be unfairly restrictive, any violation of the order could result in criminal penalties. Knowing this, it is important that you cooperate with the police and avoid breaching the terms. Make sure to follow all terms in the order to avoid potential complications that could affect your child custody case.
If you do not attend a hearing for a plenary order of protection, the order will automatically go into effect. A plenary order can last for up to two years, and it can be renewed if the court determines that this is necessary. As such, it is crucial that you attend the hearing with an attorney present to fight against these unfair restrictions.
Contact a St. Charles, IL Family Law Attorney
The effects of a false accusation of domestic violence can be devastating, not to mention traumatic. While an allegation of abuse may not have an impact on alimony or property division in Illinois, it could seriously hurt your rights as a parent. In the worst-case scenario, you could lose custody of your child, with only supervised visitation or even no contact.
Parents who are up against falsified accounts of neglect and abuse may feel that they are at a major disadvantage when dealing with the courts. In these situations, a dedicated Kane County family law attorney can be an incredible resource, providing strong representation and insightful counsel. With a legal professional at your side, you can take the initiative to contest a false accusation, safeguarding your rights and protecting your reputation in the eyes of the law.
