What Impact Does Domestic Violence Have on Divorce?

 Posted on November 08, 2024 in Domestic Abuse

A new report from the Illinois Coalition Against Domestic Violence states that deaths from domestic violence in the state rose by 110 percent in 2023. This included 94 incidents of domestic violence that led to 120 deaths. In 2022, there were 57 deaths from domestic violence in the state of Illinois.

The majority of these deaths were caused by firearms, triggering the push for the passage of a bill called Karina’s Bill. This Bill would allow police officers to remove firearms when serving an order of protection on an accused abuser. Domestic violence has grown more pervasive in Illinois and across the nation.

As the victim of domestic violence, every aspect of your life and the lives of your children can be impacted, perhaps even more so when you file for divorce. Perhaps your spouse has a long history of domestic violence, and you are afraid he will hurt you or your children when you tell him you want a divorce.

Maybe he has been emotionally abusive, but never physically until the day you announce your divorce. Both situations can determine how you proceed with your divorce. It is important to speak to a Rolling Meadows, IL divorce attorney who has experience dealing with domestic violence as a factor in a divorce.

Do You Have an Order of Protection in Place?

If you have an order of protection in place, communication between you and your spouse will be impacted. If you have minor children, an order of protection will require different legal tactics to determine parenting issues. An order of protection usually prohibits communication between the parties, so you and your spouse will likely communicate through your attorneys.

The court may order both parents to download apps on their phones. These apps allow discussions regarding the children but can be monitored by the attorneys and the court. Messages can not be deleted or manipulated, and any harassment via the app will be swiftly dealt with by the court.

Having an order of protection does not necessarily stop domestic violence and, in some instances, can escalate an already volatile situation. If you fear for your life, never rely exclusively on a protective order; find a safe place your abuser cannot find, and contact the police if you are in imminent danger.  

How Your Children Could Be Impacted by Domestic Violence

If your children are protected parties under your order of protection, the court may restrict your spouse’s parenting time or require supervised visitation. A Guardian ad Litem could be appointed to advocate on the children's behalf.  After investigating the situation, the GAL will relay the findings to the court.

The judge will then determine which parent will make major decisions for the children and when or if the parent accused of domestic violence will have parenting time. When one parent has been abused by the other, it is unlikely they will be able to make parenting decisions together on behalf of the children. This makes the situation much more complex.

Financial Abuse May Also be Present 

Spouses who have been abused by their partner may also face financial abuse. Abusers want to control the other party, and limiting access to marital funds is one way to do this. Victims of abuse may have to ask their spouse for "permission" to access a debit or credit card.

Often, victims of domestic abuse have little idea what the marital assets consist of. An abusive spouse may prevent the other spouse from working outside the home to earn money. Discuss your situation openly with your attorney to ensure your share of the marital assets is fair.  

Contact an Arlington Heights, IL Divorce Attorney Experienced in Domestic Violence

It is important that you speak to a Rolling Meadows, IL divorce attorney who has significant experience dealing with issues related to domestic violence during your divorce. Attorney Don Cosley personally handles all aspects of his cases. Contact Law Offices of Donald J. Cosley at 847-253-3100 to schedule a free consultation.