As a Chicago divorce attorney with years of experience, I’ve seen many cases where domestic violence is a crucial factor in divorce proceedings. Understanding the legal measures available in Illinois is vital for anyone facing this traumatic experience. It’s essential to know your rights and the legal steps that can protect you and your family during these challenging times.
Understanding Domestic Violence In The Context Of Divorce
Domestic violence encompasses a range of behaviors that can include physical abuse, emotional abuse, economic deprivation, and threats of violence. In Illinois, these actions between family or household members are not only criminal offenses but also crucial factors in divorce cases. The presence of domestic violence can significantly impact the outcomes of child custody, visitation rights, and financial settlements.
The Role Of Protective Orders
Protective orders, also known as restraining orders, are legal decrees issued by a court to protect individuals from harm. In an Illinois divorce involving domestic violence, these orders play a crucial role. They legally prevent the abusive partner from committing more acts of abuse and contacting the victim and other affected family members. There are several types of protective orders in Illinois:
- Emergency Order of Protection (EOP) – This can be issued immediately without the presence of the abuser, based on the victim’s testimony, and is valid for up to 21 days.
- Plenary Order of Protection – Issued after a court hearing involving both parties and can last up to two years.
- Interim Order of Protection – Used when a plenary order is pending and can last up to 30 days.
Obtaining a protective order can be a vital step in safeguarding an individual’s safety and well-being, and in divorce cases, it can also affect the legal strategy employed. Victims of domestic violence can request an order of protection in a divorce case, or a criminal case, or in an independent case that only involves a request for an order of protection. If married, deciding the best route is often made in consultation with a divorce attorney.
How Domestic Violence Influences Divorce Proceedings
The implications of domestic violence in divorce proceedings are profound:
- Child Custody and Visitation – Courts will consider evidence of domestic violence when determining child custody arrangements. The safety of the child is paramount, and exposure to domestic violence is a significant factor in these decisions.
- Property Distribution – While Illinois is an equitable distribution state, the court may consider abuse when dividing marital assets, potentially skewing division in favor of the victim.
- Spousal Support – Domestic violence can influence the amount and duration of spousal support awarded, often justifying an increase in support for the victim.
Steps To Take If You Are A Victim
- Document the Abuse – Keeping detailed records of all incidents, including dates, times, and the nature of the abuse, is crucial. This documentation can be a key piece of evidence in both protective order hearings and divorce proceedings.
- Seek Safety – Prioritize your safety and that of your children. This may involve staying with family or friends or seeking shelter services.
- Consult a Lawyer – Engaging with a knowledgeable divorce attorney who understands the dynamics of domestic violence is crucial. They can guide you through the process of filing for divorce and obtaining protective orders.
FAQs About Domestic Violence And Protective Orders In Illinois
What Evidence Do I Need for a Protective Order?
Evidence can include documented injuries, witness statements, police reports, threatening messages, or any other proof of abuse.
Can a Protective Order Affect Child Custody?
Yes, a protective order can impact custody arrangements, particularly if it includes stipulations about the abuser’s contact with the children.
What Should I Do If the Abuser Violates the Protective Order?
Contact the police immediately. A violation of a protective order is a criminal offense, and the abuser may be arrested.
Is It Possible to Modify a Protective Order?
Yes, either party can request the court to modify the terms of the order if circumstances change.
Contact Our Chicago Divorce Lawyers For Exceptional Representation
If you are experiencing domestic violence and considering divorce, or if you need assistance with protective orders, please call me at (312) 621-5234. My office is based in Chicago and serves all areas of the city. I am committed to providing compassionate and effective legal representation to ensure your rights and safety are upheld. Contact our Chicago divorce lawyer at Michael C. Craven by calling (312) 621-5234 to schedule a consultation today.
