How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Roger Your Own Question

Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26694
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
6704987
Type Your Criminal Law Question Here...
Roger is online now
A new question is answered every 9 seconds

I have been falsely accused in an order of protection

Resolved Question:

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?

Submitted: 1 year ago.
Category: Criminal Law
Expert:  Roger replied 1 year ago.

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.
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26694
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 8 other Criminal Law Specialists are ready to help you
Expert:  Roger replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.