How Does Domestic Violence Change the Divorce Process in Illinois?

 Posted on August 13, 2021 in Divorce

Statistics about domestic violence in Illinois are tragic and shocking. The Center for Disease Control (CDC) estimates that nationally, about 35% of both men and women experience harm by an intimate partner during their lifetime. In Illinois, these rates are even higher for women.

Unfortunately, domestic violence often occurs within the context of a marriage. Sexual abuse, physical abuse, verbal abuse, emotional manipulation, and withholding necessary financial resources are common forms of marital abuse. If you are a victim of spousal abuse and are considering divorce, there are a few additional actions you may want to consider.

File for an Order of Protection

Orders of Protection are legally binding orders from the court that prohibit an abusive person from contacting or coming within a certain distance of their victim. You can file for an Emergency Order of Protection (EOP), which will give you immediate protection for 21 days. After the EOP expires, you may need to attend a hearing to get a Plenary Order of Protection that can last up to two years. Orders of Protection can also prohibit an abuser from contacting or coming near your children. Violations of Orders of Protection are punishable by arrest and incarceration.

Petition the Court for Full Parental Responsibilities

Write down as many instances of abuse as you can remember, and make a record of abusive behavior as it takes place. Illinois courts take child welfare seriously, and acts of abuse can significantly impact how parental responsibilities are allocated. If you share children with your spouse and are worried that your spouse may be abusive if granted parenting time, you may be able to limit their access to your children by documenting abusive behavior and requesting full parental responsibilities.

Contact an Arlington Heights Divorce Attorney 

The team of attorneys at A. Traub & Associates takes domestic violence and abuse very seriously. We have helped many victims of abuse successfully end their marriages and move forward with their lives. We will aggressively advocate on your behalf, acting with sensitivity to your circumstances and preferences, and work to achieve a favorable outcome in every area of your divorce. Call us today at 847-749-4182 to schedule a confidential consultation with a Cook County divorce attorney.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6200000&SeqEnd=8675000 

https://icjia.illinois.gov/researchhub/articles/domestic-violence-trends-in-illinois-victimization-characteristics-help-seeking-and-service-utilization 

https://www.dhs.state.il.us/page.aspx?item=30275