Divorce Q&A: What if My Spouse Makes False Allegations of Abuse Against Me?

Divorce tends to bring out the worst in people. And, now that Illinois family law has changed, spouses are turning to more creative ways to “get back at their spouse” during the divorce process. One way they’re doing so is by making false allegations of abuse against their former spouse.

Child abuse is the most common, falsely alleged accusation during divorce proceedings. However, some spouses may allege domestic abuse as well. If this happens to you, it’s important you know the process that follows and your options in the divorce.

You Must Cooperate With the Investigation 

Regardless of what is alleged in the order of protection filed against you, it’s important you participate in the process. It’s natural to feel upset that a false allegation was brought against you to keep you from spending time with your children. However, getting upset and causing a commotion will only make matters worse.

The Department of Children & Family Services (DCFS) must investigate allegations of child abuse, regardless of the allegations or how outrageous they seem. You will be interviewed and must answer all the questions truthfully. Remember, your demeanor will affect this interview and what a DCFS agent believes may have happened in your case.

Once the DCFS investigation is complete, you may return to court to attempt to regain the parenting time lost as a result of the false allegations.

Regaining Parenting Time if You’re Cleared

If you’re cleared of the false charges and lost parenting time as a result, it’s important you return to court to regain the time you lost. Because Illinois has no official statute entitling you to this lost time, it’s important you understand you may not receive it back.

Many judges are reasonable and will allow you to regain some of the lost parenting time. As such, it’s important that you don’t just accept that you won’t receive it back and avoid fighting for your right to time.

Contact a Naperville Divorce Attorney for Assistance in Your Case

If you’re getting divorced and an order of protection has been wrongly filed against you, it’s important you speak to an experienced Naperville divorce attorney. Lawrence R. Surinak Ltd. offers over 35 years of experience and can offer the expertise and support necessary to get you through this challenging time.

If you would like to discuss your case with Larry, contact us at 630-470-9990 to take advantage of your free, 30-minute consultation. If you prefer, you may also request a consultation using our online form. We look forward to speaking with you and offering any assistance you may need.

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