Can I Go to Jail for Domestic Violence Just From an Accusation?

 Posted on November 20, 2025 in Violent Crimes

If someone has accused you of domestic violence in 2025, you are probably wondering if a simple accusation is enough to put you behind bars.  The short answer is yes; you can be arrested and jailed based on an accusation alone. Police do not need proof beyond a reasonable doubt to arrest you. They only need probable cause, which is a much lower standard. 

However, that does not mean that you will be successfully prosecuted or that you cannot fight an order of protection against you. Our Chicago domestic violence defense attorney works for those accused of domestic violence. We fight to protect your good name and reputation. Please note that we do not represent victims of domestic violence. 

What Happens After Someone Accuses You of Domestic Violence?

When someone calls the police and claims you committed domestic violence, officers respond and investigate. They talk to the accuser, look for visible injuries, and ask for your side of the story. Based on what they find, they decide whether to arrest you.

Under 750 ILCS 60/304, officers must use available means to prevent further abuse, which can include making an arrest, if they have reason to believe that someone has been abused, neglected, or exploited. 

This means that the accuser's statement alone can be enough to trigger an arrest, especially if they claim you hit them, pushed them, or threatened them. Officers do not need physical evidence or witnesses. Your denial is not necessarily enough to stop an arrest.

Can You Be Held in Jail Before Trial if You Are Accused of Domestic Abuse?

After an arrest, you go before a judge for a bond hearing. The judge decides whether to release you and under what conditions. In domestic violence cases, judges often set high bonds or release you with strict conditions.

You might be ordered to stay away from the person who accused you. This can mean leaving your own home if you live together. Violating these orders leads to immediate arrest and additional charges.

Some defendants stay in jail until trial if they cannot afford bond or if the judge denies bond. This can be days, weeks, or even months depending on your case and court schedules. Being jailed based on an accusation, before any trial or conviction, can destroy your job, housing, and reputation just as much as a conviction might.

How Common Are False Accusations of Domestic Violence?

False domestic violence accusations happen more often than people realize. Angry spouses use them as weapons in divorces and custody battles for obvious reasons: If you get arrested and convicted, your spouse gains an advantage in family court. You might lose custody, get supervised visitation, or have to leave your home.

Some people exaggerate minor incidents. An argument where you raised your voice becomes a claim you threatened them. Accidentally bumping into someone turns into allegations that you pushed them. They call the police and suddenly you are facing criminal charges. 

Some accusers later admit they lied, but by then the damage is done.

How Do You Fight a Domestic Violence Accusation?

If you have been accused of domestic violence of any kind, you need a lawyer immediately. Do not talk to police without one. Anything you say can be used against you even if you are trying to explain or defend yourself. Police are gathering evidence, and anything you say may be used against you, even if you are trying to explain what happened.

Your lawyer can challenge the accusation at every stage. Maybe the accuser has a history of false claims; maybe witnesses contradict their story; maybe physical evidence does not match what they claim happened. 

Once an attorney is brought on, a lack of evidence defeats many domestic violence cases. The prosecution must prove guilt beyond a reasonable doubt. If it is just your word against theirs with no other evidence, a strong defense can raise reasonable doubt.

Call a Cook County, IL Domestic Abuse Defense Lawyer Today

Contact Luisi Legal Group at 773-276-5541 for a free consultation about your case. Our Chicago, IL domestic violence defense attorney is an excellent litigator who fights aggressively for clients accused of domestic offenses. Whether the accusation is false, exaggerated, or based on self-defense, we know how to build strong defenses and protect your rights.