How Can I Prove Domestic Violence in My Divorce Case?

 Posted on September 08, 2022 in Domestic Violence

Domestic violence is a poison that infects every area of a victim’s life. Victims often live in fear for many years before they feel prepared to take action, frequently due to a legitimate belief that domestic violence will escalate or worsen if the abuser discovers the victim is trying to leave. 

Sadly, divorce is usually a heated affair, and false accusations of domestic violence are easily leveled by spouses trying to get the upper hand in matters of child custody. This makes it essential to ensure accusations of domestic violence are backed up with proof. Collecting this proof, however, can be difficult and may require careful strategizing. To learn more about how to prove domestic violence in a divorce case, read on and then contact an Illinois divorce attorney for help. 

Ways of Proving Domestic Violence in a Divorce Case

The most convincing proof for showing someone is a violent abuser is a criminal conviction. If your spouse has ever been arrested and convicted for acts of domestic violence, especially in the recent past, this may be sufficient evidence that such abuse occurred. 

However, not all victims feel empowered to contact the police, and not all abusers leave lasting marks that are serious enough to require urgent medical attention. If you do not want to contact the police but you or your children have sustained physical injuries, it is essential to take photos of these injuries and write down how, when, and where they happened. Likewise, if you sought medical help for your injuries, make sure you keep records of these injuries in the form of medical records and bills. 

You also need to begin documenting incidents of abuse in detail. This is especially true if your spouse is verbally or emotionally abusive. Write down as much as you can remember and include the information of anyone who may have witnessed the abuse. Writing down details of abuse can help prove a pattern of behavior exists, especially if you have emails, texts, or voicemails to back it up. Keep this evidence in a safe place and make sure you have copies in case anything gets lost or destroyed. 

While you cannot cite abuse as a fault for divorce because Illinois is a no-fault divorce state, abuse can have a significant impact on issues like child custody. If you fear that your children are in danger, it is essential to take immediate action to protect them and yourself. Talk to a divorce attorney about your options for leaving safely, including the possibility of securing an order of protection, as well as finding a secure residential site for battered women. 

Contact a Wheaton, IL Domestic Violence Divorce Lawyer Today

A divorce case involving issues of domestic violence must be handled with great care to ensure victims are not further victimized by an abuser for trying to leave. At The Stogsdill Law Firm, P.C., our DuPage County divorce attorneys will work using the utmost confidentiality so that you and your children can safely leave. This includes helping you legally collect information proving your accusations and helping you apply for an order of protection if necessary. Call our offices today at 630-462-9500 to schedule a consultation. 

Sources: 

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

https://www.cawc.org/greenhouse/?gclid=Cj0KCQjwpeaYBhDXARIsAEzItbGRWAuz2AVuO5EIdXgeLFmy48Xpk625DGMW8-5LHjTNV_jECKd9tYEaAo3REALw_wcB