Accused of Domestic Violence? Take These 5 Steps Now

 Posted on October 17, 2022 in Criminal Defense

Accusations of domestic violence have the potential to be life-changing. In Illinois, domestic battery, assault, and related offenses are punishable by fines and jail time. However, the damage to an individual's personal and professional reputation caused by a domestic violence conviction is often irreversible. 

If you were accused of abusing a romantic partner or family member, you need to take swift action to protect your rights and safeguard your future. 

Speak With a Domestic Violence Criminal Defense Lawyer 

The first step is to contact a criminal defense attorney who has experience defending against domestic violence accusations. An experienced lawyer can review the details of your case and develop a strategic defense. Your lawyer will also be able to advise you on the best way to communicate with law enforcement and the prosecutor assigned to your case. Do not work with just any attorney. You need a lawyer who knows how to navigate the complexities of a domestic violence case and has a proven track record of success. 

Do Not Answer Police Officers' Questions

You may be eager to tell your side of the story–especially if the allegations against you are false. However, talking to the police without your lawyer present is one of the worst things you could do in a situation like this.  Police officers are trained to ask questions in a way that gets people to incriminate themselves. Even if you are innocent, it is easy to accidentally say something that could be used against you. It is always best to wait until your lawyer is present before answering any questions. 

Do Not Violate Any Protection Orders or Restraining Orders

If the alleged victim in your case has obtained a protection order against you, it is important that you take this order seriously. Violating a protection order can result in additional criminal charges. A court order may require you to temporarily move out of your home or refrain from visiting your own children. Although it can be extremely frustrating, the best thing you can do is to comply with the terms of the order until you have a chance to defend yourself in court. 

Do Not Speak to or Visit the Person Who Accused You of Domestic Violence 

You may be tempted to talk to the person who accused you of domestic violence in an effort to clear your name. However, this is almost always a bad idea. If you try to speak with the accuser and he or she feels threatened in any way, you could end up facing more allegations. 

Gather Evidence for Your Defense Case

Ideally, you should start gathering evidence as soon as possible after the allegations are made. This may include text messages, emails, eyewitness testimony, and anything else that could help prove your innocence. 

Contact a Naperville Domestic Violence Defense Lawyer

If you have been accused of domestic violence in Illinois, it is imperative that you take these steps to protect your rights and freedoms. Aurora criminal defense attorney Patricia Magaña can help you build a strong defense case. Call Law Office of Patricia Magaña, LLC at 630-448-2001 for a free, confidential case assessment. 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59