Domestic Violence in Illinois Divorce Cases

Divorce that involves domestic violence is even more legally challenging than other divorces. If you’re the victim of domestic violence, you’re never more vulnerable than during a divorce or when you are attempting to leave, which makes having powerful legal guidance on your side paramount. An experienced Illinois divorce attorney with significant experience successfully navigating cases involving domestic violence can help.

Illinois Is a No-Fault Divorce State 

In the State of Illinois, neither spouse needs a reason to pursue a divorce, which makes it a no-fault divorce state. When domestic violence plays a role, however, it can affect the outcome of specific divorce terms, including:

• Child custody arrangements no
• Child support 
• The division of marital property

Obtaining a Restraining Order

Protecting yourself and your children is critical in the face of domestic violence, which makes obtaining a restraining order – or order of protection – an excellent first step. Having a restraining order in place can have serious consequences when it comes to the court granting your divorcing spouse parental responsibilities and parenting time. Emergency orders can be implemented for up to three weeks, which can be extended for a longer stretch at a court hearing that both of you must attend. 

The Children’s Best Interests

Whenever Illinois courts make decisions related to children, their best interests are always the focus. If your children’s other parent has a history of domestic violence and you’ve had to address the matter with a restraining order, it can significantly affect the amount and nature of the parenting time your divorcing spouse receives. Sometimes, supervised visitation is deemed necessary. 

Demonstrating that Domestic Violence Is a Concern

In order to convince the court to take domestic violence into consideration in your case, you’ll need to have evidence to back your account of the situation up. Such evidence often includes the following:

• A legal history of domestic violence
• Eyewitness testimony
• Emails, texts, and phone messages 
• Photos of injuries you’ve sustained or of damage to your property
• Videos of incidents of domestic violence you’ve endured
• Any related police reports
• Your medical records

Additionally, there may be evidence that helps establish the effects the domestic violence has had on you and the children, which can include things like the following:

• Frequent moves designed to protect your safety
• The testimony of your children’s teachers, which may corroborate your careful efforts to protect your kids
• Frequent job changes 
• Residency in a shelter for battered parents and children

Domestic violence is terrifying and has a tendency to escalate. A compassionate divorce attorney will help you build your strongest case in pursuit of divorce terms that protect you and your children. 

Consult with an Experienced Illinois Divorce Attorney Today

The accomplished Chicago divorce attorneys at Arami Law, Inc., recognize the urgency of divorce cases that involve domestic violence, and we are well prepared to harness the full force of our impressive experience and legal skill in the protection of your rights and safety. Don’t delay contacting us for more information about what we can do to help you today.