How Does Domestic Violence Impact Parental Responsibilities?

 Posted on April 20, 2025 in Child Custody

Domestic violence affects Illinois families every day. Children, whether they suffer abuse or witness it at home, can experience long-lasting mental and emotional damage from living with domestic violence. If you have an abusive spouse or ex-spouse and want to know more about what you can do to protect your child, speak to an Arlington Heights, IL domestic violence attorney to learn about how domestic violence can influence the allocation of parental responsibilities.

What Is Considered Domestic Violence in Illinois?

According to Illinois law, domestic violence is defined as abuse, which includes harassment and intimidation, perpetrated by someone who shares an intimate relationship with the victim. Interfering with or wilfully depriving you of your personal freedom, such as kidnapping or illegal restraint, also qualifies. Examples of abuse that commonly occur in domestic relationships are:

• Assault and sexual assault

• Harassment and stalking

• Denial of necessary care

• Forcing someone to watch another person’s abuse

In Illinois, a person with an intimate relationship could include blood relatives, a spouse or ex-spouse, someone you used to live with, someone you share a child with, or someone you are or were dating.

Can a Parent Lose Visitation if Charged With Domestic Violence?

Illinois law defines parental responsibilities, formerly known as custody, as the total of decision-making obligations and parenting time. When deciding how to allocate parental responsibilities, the court assesses every aspect of your situation to establish a custody order that prioritizes your child’s best interests. Typically, the judge favors giving both parents time with the child. However, domestic violence can affect that.

The weight of domestic violence in these cases is heavy, especially if the judge believes the violent parent could mentally or physically abuse the child or refuse to abide by the parenting time schedule. However, this does not always mean the violent parent will lose the right to visitation. If your co-parent abused you, the court may still allow them to have parenting time. Often, the circumstances are highly regulated. For example, your abuser may not be allowed to come to your home for pick up and drop off or communicate with you at all.

Is Supervised Visitation Possible?

Sometimes, supervised parenting time is recommended. This means a social worker or someone else would be present during the supervised parent’s allotted time, and the parent would have to see the child at an agency. In extreme cases where the court believes the child is in danger, it may terminate the abuser’s parental rights.

Talk to a Rolling Meadows, IL Child Custody Attorney

Domestic violence cases involving children are complex and often emotionally painful. In such personal cases, you need a legal representative who is directly involved in every step of your case. The Arlington Heights, IL divorce lawyer at the Law Offices of Donald J. Cosley believes in walking you through the legal process with compassionate understanding. Call 847-253-3100 today to schedule a free consultation today.