According to the Illinois Coalition Against Domestic Violence (ICADV), one in three women, and one in seven men have been or will be victims of domestic violence. However, there are instances where a person can be unfairly accused of such behavior. If you have been wrongly accused of domestic abuse and served with an order of protection (OOP), it is important to understand the best way to address these false accusations.

Types of Order of Protections

Emergency Order of Protection

• Emergency Order of Protection (Immediate Order) can be obtained in lieu of a Plenary Order of Protection. This order is good for 14 to 21 days. Emergency orders can be obtained without having to inform the abuser/respondent anything. However, the accused will be notified on what day they must appear in court, charges and the name of the accuser.

Interim Order of Protection

• An Interim Order (Temporary Order ) of Protection is intended to be for a limited duration and usually last until the court has had an opportunity of hearing the full case and make a final order. These can be effective for up to a period of 30 days.

Plenary Order of Protection

• Plenary Order of Protection (Final or Long-term Order) may be good for up to two years. This is an instant order and the accused must have an evidentiary hearing with testimony. The accused will be notified about the hearing by a state authority (usually county Sheriff). Once the hearing is concluded, the judge will either grant or deny your petition.

Violations of Orders of Protection

• Violation of Orders of Protection can result in a class A misdemeanor. If there are subsequent violations following the convictions of guilt to the accused can result in a class 4 felony.

Types of Domestic Violence

Contrary to what most people realize, domestic violence does not only involve the physical abuse of a family member or spouse. Domestic violence has a variety of non-physical and emotional abuse that can be used against you in the court of law. The Illinois Domestic Violence Act states that domestic violence includes:

• Stalking and harassment, including leaving threatening voicemails, online harassment or following.

• Using force to get someone to do something. This is an

• Refusing to properly care for a disabled or elderly person or refusing to give them access to care

• Forcing another to watch abuse

• Physical violence

• Destroying anothers property

• Stalking and harassment, including leaving threatening voicemails, online harassment or following.

When a person becomes a victim

Many actions of abuse covered in the?Illinois Domestic Violence Act?are also separate criminal offenses. For instance, striking a loved one is also battery. Smashing a spouses cell phone is also destruction of property. The relationship between the victim and defendant forms the basis for domestic violence.

According to the Illinois statute, domestic violence is applicable to:

• People who currently live or have lived together, even if unrelated

• Family members, including children, siblings, parents, grandparents, cousins, and more

• Current and past spouses

• People who either dated or were sexually intimate with each other

• Parents of a child

• Caretakers of disabled individuals, even if unrelated

Handling False Accusations

Domestic abuse refers to violent acts committed by a family or household member against another. The consequences of domestic violence accusations can result in protective orders being issued against the alleged abuser. In cases where the accused is a parent, these orders can impact child-related issues, such as allocation of parental responsibilities and parenting time by limiting contact with a child.

Unfortunately, a vengeful spouse may file abuse charges against the other spouse to obtain a restraining order. This is sometimes used as a tactic in disagreements related to child custody, parenting time, or other disputed issues in the divorce. In many cases, there are no witnesses of the so-called offense other than the victim and the alleged perpetrator. When there is no evidence such as a bruise or laceration, it can be very difficult to prove beyond a reasonable doubt that domestic violence actually occurred. Photographs and medical records simply show that an injury occurred, not who did it. In addition, an attorney can discredit the accusers testimony by pointing out inconsistencies in his or her story.

The following are practical ways to manage false allegations until an order of protection is terminated:

• Follow the rules of the order of protection until it is lifted: Violating an OOP could land you in serious trouble with the law, including possible criminal charges, even if the OOP was issued based on false allegations.

• Attend all hearings related to the protective order: Take the conditions of the order seriously. Failure to appear at scheduled hearings can result in the judge confirming and enforcing the order in your absence.

• Gather character and witnesses to testify on your behalf: There are two sides to every story, so use any opportunity wisely to present your case. Close friends or family members can put in a good word for you.

Unfounded allegations of domestic violence can be detrimental to the accused persons relationship with his or her child. That is why it is imperative to seek legal counsel if you are wrongly accused of a serious crime such as domestic abuse. Chicago Police have seen a dramatic increase in domestic violence calls due to the Coronavirus lockdown implemented by the Illinois and US government. Even worse, there are going to be instances where the victim provided complete false reports on the alleged abuse but is able to get away with it due to a weak defense from the accused.