Divorce Involving False Allegations of Spousal Abuse

 Posted on March 21, 2023 in Divorce

If you are getting divorced and your spouse has accused you of domestic violence or abuse, you may not know where to start. Most people getting divorced have little experience in the court system, and they are not sure what to expect or how to handle this challenging situation.

One of the first things you need to do if your spouse accused you of abusing him or her is to secure reliable legal counsel. Your lawyer will be able to provide customized advice specific to your case and ensure that you address these allegations in a way that does not aggravate the situation.

How Accusations of Abuse Can Affect Your Case

Illinois is a no-fault divorce state, so the accusations of abuse will not be listed as grounds for divorce in the divorce petition. Furthermore, Illinois law states that court decisions regarding spousal support or property division will be made without regard to “marital misconduct” such as abuse or infidelity.

That being said, there is still a chance that abuse allegations can affect your case, especially if you have children. If your spouse accuses you of abuse, the Department of Child and Family Services may become involved in the case. You may even be formally investigated for alleged child abuse or neglect. Although it can be extremely frustrating, the best way to handle this is to cooperate with the investigation and provide any documents or information the DCFS requests. Work with your attorney to understand how to protect yourself and your parental rights during the investigation.  

Orders of Protection in a Divorce Case

If your spouse accused you of abuse, he or she may have secured an order of protection from the court. In Illinois, emergency orders of protection (EOP) are granted without a hearing, so you may not even immediately know about the EOP. The EOP may require you to move out of your home, stay away from your spouse, or even stop seeing your children. Again, this can be extremely frustrating – especially if you know you have done nothing wrong. However, the best thing you can do is to follow the provisions of the EOP and work on developing a strong case against the accusations. If your spouse wishes to extend the protection order period past 14-21 days, he or she will be required to request a plenary protection order and attend a hearing. The hearing is your opportunity to tell your side of the story. Your lawyer can help you gather evidence of your innocence, prepare for the hearing, and advocate on your behalf in front of the judge.

Contact our Kane County Divorce Lawyer

If you were accused of abusing, harassing, neglecting, or threatening your spouse or children, you need an experienced family law attorney on your side during your divorce. Call the skilled St. Charles divorce lawyers at 630-584-4800 for a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000600K214