Sadly, sometimes people falsely accuse others of domestic battery in an effort to get child custody. This guide explains.
The Connection Between False Allegations of Domestic Battery and Child Custody
During difficult divorces or child custody battles, it’s not uncommon for one spouse or parent to accuse the other of domestic battery or aggravated domestic battery. In some cases, the allegations are absolutely true, but in others, they are patently false.
Sometimes people accuse others of domestic battery in an attempt to get child custody (and thereby child support). Unscrupulous people sometimes do this even when the allegations couldn’t be farther from the truth.
What Can You Do if Your Ex Falsely Accuses You of Domestic Battery?
First things first: Never try to prove your innocence to the police. When the police questioned you about domestic battery allegations, they most likely already think you’re guilty. But even if they didn’t think you were guilty, their opinions don’t matter in the long run. Police are not judges or juries, and they aren’t the ones who will determine whether you end up in jail or walk free.
The best thing you can do if the police attempt to question you about domestic battery allegations is to remain silent and find an attorney. Though many people believe finding an attorney makes them look guilty, again, it doesn’t matter – having an attorney on your side may be your best shot at getting the best possible outcome in your case.
Your attorney will give you the guidance you need before you talk to police or investigators about your case. Your lawyer will also be there to represent you in court if the state pursues charges against you.
The Bottom Line: Don’t Talk to Police Before You Talk to Your Attorney
Even if you’re completely innocent and have never laid a finger on your former spouse or children’s other parent, it’s in your best interest to remain silent and let the police know you’d like to speak to an attorney before proceeding any further. That’s because anything you say to the police can and will be used against you in court, even if you’re innocent. You may inadvertently say something that jeopardizes your case, so it’s best to wait for your lawyer’s guidance.
Do You Need to Talk to an Attorney About Domestic Battery Defense?
If you need to talk to a domestic battery defense attorney in Illinois, we’re here to help. Call us at 847-920-4540 now – we’ll be happy to give you a free consultation and talk to you about your options.