Divorce can be an emotionally challenging and quarrelsome process. One of the most distressing situations is when one spouse falsely accuses the other of abuse to gain an advantage in matters like child custody or spousal support. If you are facing false allegations of abuse in your divorce case, you must take action to protect your rights and reputation. Today, we will discuss what you should do if you are ever in this situation. Remember, in matters like this, a family law attorney can be invaluable as you navigate this challenging time's legal complexities.

Step #1 – Assemble Evidence to Refute the Allegations

Your first step should be to gather any evidence that supports your claim that the abuse allegations are false. This may include:

• Text messages, emails, or other written communications between you and your spouse contradicting the allegations.
• Testimony from friends, family, or neighbors who can vouch for your character and the nature of your relationship with your spouse.
• Medical records or police reports that show no history of abuse or injuries consistent with abuse.
• Photos, videos, or other documentation that contradicts the allegations.

Step #2 – Consult with an Experienced Family Law Attorney

If you are facing false allegations of abuse, having an experienced family law attorney on your side is crucial. They can help you navigate the process, advise you on the best course of action, and protect your rights throughout the proceedings.

For those in an abusive relationship, using the force of law to keep your abuser away can be the key to safety. By securing an order of protection, sometimes known as a restraining order, you can again begin to feel a level of safety in your home. At Calabrese Associates, P.C., we have been helping victims of domestic abuse for over 20 years and are ready to help you secure a restraining order to get you and your children the security you need.

Definition of Domestic Violence in Illinois

Under the Illinois Domestic Violence Act, an accused abuser must have a relationship with the victim. This can include current and former spouses, dating and romantic partners, family members including children and parents, and assistants to adults or children with disabilities.

Actions that are classified as acts of domestic violence include: