Domestic Violence and its Influence on an Illinois Divorce

 Posted on May 05, 2023 in Domestic Violence

The court urges parties involved to settle their differences during divorce cases. It is crucial for parties going through a divorce to come in with an open mind and be willing to negotiate and compromise. However, the court is aware that there are specific circumstances where a court intervention may be necessary. An example of this may be domestic violence against a spouse or children. Domestic violence can take various forms, whether it be physical abuse, emotional abuse, sexual abuse, or even financial abuse. Working with an experienced divorce attorney can help you understand how this can impact your case.

Custody and Visitation

Domestic violence will impact custody and visitation significantly. As always, the judge will consider the child’s best interest when deciding on visitation and custody matters. The court believes there should be cooperation and involvement between parents when deciding what is best for the child. There is little chance that a court will deny parental visitation for a child; if it comes to it, the visitation may be supervised or occur in the home of an adult the child trusts. However, if the court believes that a child may be endangered by allowing this, then the court will likely deny unsupervised visitation. If you are being accused of domestic violence, knowing what that means for yourself and the child involved is crucial.

Order of Protection

If you have experienced abuse from a spouse or have seen abuse or harassment committed against your children or other family members, it may be in your best interest to file an order of protection. This will force the abuser to stay away from those they have abused. To file this, you must be able and willing to share evidence to back up your claims of domestic violence during a divorce case. Some examples of evidence include; text messages, emails, photos, police reports, and medical records. A parent or adult you trust can file this on your behalf if you are a minor.

Criminal Charges

Domestic violence or breaching a restraining order is a criminal offense in Illinois. If you think you or your children may be in danger, it is in your and your children’s best interests to call the police. If you already have an order of protection against your spouse and they violate this, they will be committing a class A misdemeanor. If they violate protection and commit a violent act against you or your child, this will be considered a class 4 felony. The violator will be charged with possible arrest as well as a fine. This can also heavily impact how the court views the violator and the charges against them.

Contact a Cook County Divorce Attorney

At The Law Offices of Curtis Bennett Ross, L.L.C., we understand how serious domestic violence is and how urgent it can be to get a restraining order. If you fear that you or your children are in danger, you must act quickly and secure a plan. With the help of experienced and reliable divorce layers, we can help much sure you and your family get the service you need and deserve. Contact a Chicago divorce attorney at 312-984-1514 for a free limited consultation today. Get the help you deserve.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59