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Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31014
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have been falsely accused in an order of protection

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I have been falsely accused in an order of protection of putting my hands around my exes neck and threatening to kill her , all in front of my 2 and half year old daughter. The more I try to research online , I am realizing that the burden of proof is on me to provide that I never did this, I live in illnois, is this true? If so, how am I to prove that I never did this? Shouldnt she have proof or evidence that I am guilty of this?


Kirk Adams : Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney. Thanks for your question. I'll be glad to assist.
Kirk Adams : The burden of proof is on the person seeking the order of protection. In these cases, the standard is that it must be proven by a perponderance of the evidence (that it is more likely than not that the thing alleged occurred).
Kirk Adams : Here's a good link you can read about this: http://www.ilcdvp.org/Documents/IDVA%20handout%204%2006.pdf
Kirk Adams : If there's no physical evidence of you doing what she alleges, then it would be tough for her to prove.
Kirk Adams : Usually, there would be bruising, marks, etc. if she was grabbed by the neck.
Customer: i am worried thata family member of hers would lie and say that they were present, because thye are proving to me thst they are willing to do anything to hurt me at this point. Since it actually never happened, what sort of proof would be considered , shouldnt she have apolice report or pictures that indicate this ? The claim is that it happened several weeks ago...
Kirk Adams : Well, there's nothing you can do to stop a family member from from lying except to try and prove that they're not being truthful or to expose their lies.
Kirk Adams : Thus, you certainly can maintain that they're being untruthful and you can challenge their statements.
Kirk Adams : Also, if there's no physical proof of an injury and if she didn't call the police make a report, etc., then she doesn't have a lot of proof.
Customer: In the event i am found not guilty, is ther any reprucussion to her by the court? I guess what im asking is would thisnkot be considered a false report?
Kirk Adams : If the court believes her, it wouldn't be a false report in the eyes of the court. However, you can file charges against her as well - - you can charge her with abuse of process, malicious prosecution and making a false affidavit. That would help you with your claim that her allegations are false.
Customer: So i should start that process asap...i know im innocent . Lastly, i looked up the attorney on the paperwork. She has been convicted of professional misconduct., how can i find out exactly what the conviction was for?
Kirk Adams : IF you want to counter against her, you should consider filing these charges as soon as you can.
Kirk Adams : As for the attorney
Customer: I do have an attorney, i have turned the paperwork over to him he justw
Customer: Wasnt available to dicuss at the tm
Kirk Adams : As for the attorney's misconduct, whether or not you can see the information depends on whether the reprimand was private or public.
Kirk Adams : IF the reprimand was private, then you likely can't find out exactly what happened.
Customer: Wherenwould that information be if it was public?
Kirk Adams : The best place to find this information would be by contacting the state bar association and ask if the reprimand for this attorney is public record.
Kirk Adams : If so, they can tell you how to view the information.
Customer: Ok, thanks kirk. I appreciate your time and information.
Kirk Adams : Sure, glad to help.
Kirk Adams : Please let me know if you have any additional questions.
Customer: I think thats it, this is the first time i used this servie and will be rating excellent service. Thanks again!
Kirk Adams : THANKS again, and if you need something in the future, please let me know.
Customer: Absolutely. And if you ever need help with your computer, you let me know...:)
Kirk Adams : Will do! You should consider signing up as an expert on JA in the computer/tech category. It's a great way to make some extra money.
Customer: I never realized that, thanks for that information as well. These attorney fees are atarting to add up!
Kirk Adams : I understand that. You might want to check it out. There should be a link on the site that tells how to become an expert.
Customer: Could help offset my legal fees in y custody batt
Customer: You have been great help, take care and thanks again.
Kirk Adams : I've been doing this for 6 years, and it's really a great service to customers and a good outlet to make some extra cash.
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