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Archive for the ‘stalking’ tag

False Allegations of Domestic Violence

October 14th, 2015 at 12:47 pm

Illinois defense attorney, Illinois criminal lawyer, domestic abuse laws, Domestic violence is not always physical abuse. Sometimes domestic violence takes the form of emotional abuse, which is executed by the use of threats. Threats can take the form of words or gestures, and under Illinois law, the use of threats against a family or household member is illegal and victims can be protected from it. Threats are considered a form of harassment, because threats, such as threats of physical violence and threats confinement or restraint, are used to cause the victim emotional distress.

Orders of Protection

Victims of domestic violence can seek a protection order from the courts, which prohibit the alleged abuser from abusing them. In the case of alleged threats, the protection order will force the person making the threats to stop doing so.

But sometimes victims claim they are being threatened, when really no such thing happened. False allegations of domestic violence can be made when a “victim” feels threatened, but has ulterior motives for making the false or inflated allegation. There are a number of reasons a “victim” might make a false allegation of domestic violence, such as:

  • An attempt to make the alleged abuser look bad so that the victim can get custody of children in the custody situation or during a divorce;
  • In some cases, a victim of domestic violence can get out of a lease agreement, or can take steps to change their locks to keep an abuser out of their home under the Safe Homes Act.  A victim might make false domestic violence allegations in order to kick the alleged abuser out of his or her home; or
  • A victim might purposely be trying to make trouble for the alleged abuser by asserting false allegations of domestic abuse.

Defending against Domestic Violence Allegations

False allegations of domestic violence and threats unfortunately happen quite frequently in Illinois. A number of domestic violence cases involve instances where the alleged victim later recants their accusations, but by that time, it is too late for the alleged abuser – the alleged abuser is already facing domestic violence charges.

There are a number of techniques that can be used to help fight false allegations of domestic violence. For instance, it is important to convey the alleged abuser’s side of the story. Inconsistencies might arise that give doubt that the alleged victim’s claims are based on the truth. It is also critical to have available any and all documentary evidence that tends to show that the allegations of domestic violence are false. Any tape recordings, text messages, pictures or phone records that can be used to show that no threat occurred can be useful in defeating a protective order action.

Call the Law Offices of Christopher M. Cosley

If you stand falsely accused of domestic violence, such as making threats against someone you have or had a romantic relationship with, you need to aggressively fight the charges against pending against you. Please contact an experienced Rolling Meadows domestic violence defense lawyer immediately. Call the Law Offices of Christopher M. Cosley at (847) 394-3200 to discuss your case.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2817&ChapterID=62

False Accusations of Domestic Violence: False Claims of Stalking and Harassment

September 21st, 2015 at 7:23 am

Illinois domestic violence attorney, Illinois defense lawyer, Illinois criminal lawyer,Some instances of domestic violence are actually based on fact. One person in the relationship is overly jealous, jilted or has other issues that make them a violent person, and they act out against their spouse, significant other or partner in a physically abusive, controlling, or manipulative way. But there are many cases where allegations of domestic violence are false, and when false allegations of domestic violence are made, it can have serious impacts on the life of the person who stands accused.

When presented with the idea of domestic violence, many people automatically think of domestic battery, where one spouse, significant other or partner physically abuses the the other person in the relationship. But domestic violence can also include stalking and harassment.

Stalking

For example, stalking is considered a form of domestic violence because stalking occurs when one person (i.e., the alleged stalker) knowingly acts in a way towards another (i.e., the alleged victim) that makes the alleged victim scared for their safety. Stalking is codified in 720 ILCS 5/12-7-3.

Allegations of stalking arise often in situations where a couple is in the process of breaking up or trying to make up, or where one person in the relationship wants to reconcile while the other does not. But there are many instances where an alleged “victim” claims he or she is being stalked, when the actions of the alleged “stalker” do not rise to the level where a reasonable person would fear for their safety.

Defending against stalking allegations requires the skills of an experienced domestic violence criminal defense attorney who can analyze the facts, interview the alleged “victim” and get down to the reasoning behind making the allegations in the first place. Then the victim’s logic for making stalking allegations can be compared to what a reasonable person would have done or felt in the same situation. When a reasonable person would not have felt threatened or afraid, the stalking charges cannot stand.

Harassment

Harassment by telephone is another common form of domestic violence that may arise when one person repeatedly makes threats, exacts verbal abuse, makes obscene comments and other forms of harassment using a telephone. But the medium through which the harassment is communicated has been expanded to include electronic communications, text messaging and social media platforms. Harassment by telephone is codified under 720 ILCS 5/26.5-2.

Allegations of telephone harassment, and harassment through other forms of communication, are frequently seen in breakups where one party is still trying to reconcile the relationship. The person trying to reconcile might call the other repeatedly, trying to get in touch with them, but to no avail.

There may be other reasons the alleged “harasser” is calling. Perhaps the couple shares a child and one is calling about support for the child, but the other is deliberately ignoring their calls. Or a recently split couple may have to deal with the fallout of their break up, such as moving out, splitting assets and property or resolving other issues associated with the dissolution of their relationship. If the alleged “harasser” is merely acting responsibly by trying to elicit collaboration to tie up the loose ends of their break up, it is hardly harassment when the other party is being uncooperative and unresponsive by not answering the phone or other forms of communication.

Call the Law Offices of Christopher M. Cosley

If you stand falsely accused of domestic violence, such as stalking or harassment, you need to aggressively fight the charges against you. Please contact a passionate Rolling Meadows domestic violence defense lawyer immediately. Call the Law Offices of Christopher M. Cosley at (847) 394-3200 to speak with a skilled attorney.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-7.3

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K26.5-2

Man Charged in Chicago and Montana for Stalking and Cyber-stalking Teen

August 10th, 2012 at 8:49 pm

Robert Parelius, 56, of Bozeman, Montana, faces multiple charges in both his hometown and in Chicago for allegedly stalking a Chicago teenager for over a year. In Montana he was arrested and charged with sexually soliciting two boys, ages 13 and 15, who live in Chicago. He was ordered held on $50,000 bail.

According to the Bozeman Daily Chronicle, prosecutors told the court that the Chicago Police Department contacted the Bozeman Police Department in April, seeking their assistance in locating Parelius, who they alleged had been making phone calls and sexually soliciting the two young boys. When Bozeman Police confronted him, Parelius admitted that he had made the calls, as well as contacting three other boys.

Police reports say that Parelius, who moved to Montana from Chicago last year, also admitted that after seeing the boys playing in a park, he researched to find out who they were and where they lived. During Parelius’ arrest, police confiscated nude pictures of young boys and girls, as well as rosters for junior football teams from the Bozeman and Belgrade Montana areas, as well as the Chicago area.

A few days later, Parelius was in a Chicago courtroom. Prosecutors there told the judge that after Parelius ran into the boy at a local 7-Eleven in May 2011, he tracked down the boy’s name and address. He began calling the boy’s home, saying he was a friend. The Chicago Tribune reported that the calls and messages began to escalate in March, with Parelius leaving voice mail messages that he knew where the boy lived, which school he attended and where the two of them could meet up. His bail in Chicago was set at $1 million.

If convicted, Parelius faces up to 100 years in prison. Stalking and cyber-stalking are very serious crimes. If you are accused of stalking, consult with an experienced criminal attorney in Cook County who can defend your rights.

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