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How do I fight a false accusation?

Granite City, IL |
Filed under: Domestic violence

My ex-wife accused me of domestic violence in 2010 to obtain legal aid for divorce court. She admitted she lied because she was angry with me and could not afford a lawyer. I was never contacted by police about this matter. Today I was arrested on a domestic violence warrant from 2010. I have never been arrested in my life, have no criminal past, no history of violence and there was never an investigation of the charges. I had to borrow money from family to get out of jail as well as pay impound charges. What can I do to clear my name? Is she liable for the false charges that she admits she made?

Attorney Answers 4

  1. I am sorry that this happened to you, first you need her to admit that charges she filed were false and then you need to confirm that they were actually dismissed because clearly there was an outstanding warrant for your arrest or there was a mistake.. Please work with a local IL attny and he or she will help you, take care.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

  2. You have many good questions, none of which can be satisfactorily answered in online forum. You need to retain an attorney. Perhaps your attorney can help you recover some fees if your ex wrongly perjured herself and as a result you incurred fees and costs. Best wishes to you.

  3. I have never heard of legal aid being tied to domestic violence charges. In Chicago it is just the opposite. It will be pretty hard to prove unless she admits to it. You will need to retain an attorney.

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  4. First, you need to fight the criminal charge. Did she go to a doctor or hospital in 2010 for the "violence"? Without medical records; especially photos, it won't be easy for the State to prove this case. Are you the only one she admitted lying about the claim of violence to? If not, who ever else she told can be subpoenaed to the hearing. Don't plead your rights away. If you are found guilty it is not the same as admitting your guilt. When you beat the charge there are civil lawsuits which can be brought for Malicious Prosecution or Abuse of Process. These details should not be broadcast over the Internet.

    This is a general answer and does not address the specifics of your individual case. To give the specific answer you need our firm needs you to come in for a consultation.

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