The Impact of Domestic Violence on Illinois Divorce Proceedings

 Posted on March 09, 2023 in Divorce

 Domestic violence can have a significant impact on divorce proceedings in the state of Illinois. Domestic violence sufferers often face various challenges during divorce proceedings, including fear, trauma, and financial difficulties. Fortunately, Illinois law recognizes the impact of domestic violence on divorce cases and provides legal remedies for the sufferers of abuse, including orders of protection and restraining orders. 

Today, we are going to discuss what some of those remedies are. If you are getting a divorce and have been abused or threatened, do not hesitate to contact a divorce attorney with experience working in these kinds of cases. Your attorney will work to ensure you and your children are protected. 

Domestic Violence in Illinois Divorce Cases

Illinois is a no-fault divorce state. Neither party must prove fault or blame to obtain a divorce. However, domestic violence can still play a significant role in divorce proceedings. In domestic violence cases, the court will likely consider the abusive behavior when determining child custody, visitation, and more. When domestic violence is present in a marriage, it can make the divorce process more complicated and challenging. Domestic abuse sufferers may feel intimidated, afraid, and powerless, especially when forced to confront their abuser in court. 

Often, getting an order of protection, also known as a restraining order, is an excellent first step in addressing domestic violence. Restraining orders and the resulting proximity restrictions will likely significantly impact the abusive parent’s ability to be granted parental responsibilities and parenting time. Orders of protection are excellent tools to protect yourself and your children from the abusive parent. Orders may last up to three weeks for emergency orders of protection. Once the emergency order of protection ends, it may be extended at a court hearing where both spouses must be present. 

The court must consider the child’s best interests when making custody determinations in child custody matters. One parent’s history of domestic violence can significantly impact the court’s decision-making process. Illinois no longer establishes sole or joint custody. Instead, both parents are typically allocated responsibilities related to that child as laid out in their parenting plan.

However, when domestic violence concerns are at play, and the abusive parent is deemed a threat to the child, this will likely significantly affect matters such as parenting time. The parent may be restricted in their contact with the children.

Contact a DuPage County Divorce Attorney

If you are getting a divorce and feel threatened by domestic violence, contact the astute Wheaton divorce lawyers with The Stogsdill Law Firm, P.C.. Our qualified attorneys will explain your legal options and how best you and your children can stay protected against abuse. Call 630-462-9500 for a private consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000