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How Does the Court Handle Domestic Violence Issues in Glencoe, IL, Family Law Cases?

October 23, 2024
How does the court handle domestic violence issues in family law cases? Courts in Glencoe and elsewhere in Illinois can leverage measures such as protective orders, depending on the situation. Legal representation can help convey the seriousness of a situation. For example, evidence of abuse may get a court to move more quickly or act with more consideration of child custody, spousal support, or other issues. Contact Silberman Law Group at (312) 593-0075 to get the support you need today.
Domestic violence written on a blackboard with a wooden gavel. How does the court handle domestic violence issues in family law cases

Types of Domestic Violence

About 41.5% of women in Illinois and 25.9% of men will experience domestic violence such as physical or sexual abuse, or stalking. Overall, family law courts review the type and severity of domestic violence when making decisions.

Physical Abuse

Physical abuse includes hitting, punching, slapping, kicking, choking, or using weapons to hurt someone. Restraining someone against his or her will or preventing a person from leaving a space is also physical abuse.

Evidence of physical abuse may lead to supervised visitation or no parenting time for the abuser. It may affect spousal support, since survivors could need more financial support while recovering from injuries or trauma.

Emotional and Psychological Abuse

This type of abuse can involve verbal insults, manipulation, and threats. Abusers may use tactics like gaslighting to make others doubt their sanity or reality.

Emotional and psychological abuse may cause long-term damage to a person’s mental health. It could constitute grounds for limiting or eliminating parental access to children if the abuse is a risk to the children’s well-being. Protective orders and the need for therapy may factor into spousal support calculations.

Sexual Abuse

Nonconsensual sexual contact, including that with coercion or force, is sexual abuse. Family law courts may grant emergency protection orders in these situations. In divorce cases, sexual abuse can influence the division of assets, child custody, and spousal support.

Stalking

Stalking involves repeated, unwanted attention such as following a person, showing up at his or her home or workplace unannounced, or using phone calls, texts, or social media to harass him or her.

Stalking is especially troublesome because it often escalates. Restraining orders or termination of parental rights may be necessary if a spouse or parent is stalking the other.

Financial Abuse

One spouse may restrict the other’s access to money or prevent him or her from working. For instance, a spouse may have no way to get to bank accounts or have to give all of his or her income to the other spouse. Financial abuse often means people are financially dependent, making it more difficult to leave.

Spousal support awards may be higher in cases involving financial abuse. This type of abuse can also affect property division in divorce cases, with the abused party getting a larger share of marital assets.

Does Illinois Have Laws or Guidelines Related to Domestic Violence?

Illinois has strict domestic and family violence laws. For example, the Illinois Domestic Violence Act offers several protections, including divorce, child custody, and spousal support cases.

Protective Orders

Also known as restraining orders, protective orders can keep an abuser away from a target and their family members. An abuser may be required to move out of a home they share with someone else and may have limited access to children. Protective orders can be emergency, temporary, or permanent.

An emergency protective order can be granted without the abuser being present in court. For a more formal hearing, both sides can present their cases. A restraining order lawyer can assist with filing orders and court representation.

Visitation Limits or Denials, or Child Custody Restrictions

Domestic violence can have an effect on child custody decisions in Glencoe, since courts prioritize children’s safety. Evidence of abuse can prompt courts to restrict or deny visitation rights for the abusive parent. In some cases, the court may order supervised visitation.

Family courts do consider whether domestic violence claims could be false. It is not uncommon for such allegations to be used wrongly against parents in custody battles. Judges review the evidence they have to try to make decisions that are in the children’s best interests.

Effect on Spousal Support

If a spouse in Glencoe is or was financially dependent on an abusive spouse, the court might order alimony. This helps the dependent spouse gain or regain financial independence. Evidence of abuse often is necessary in figuring out if or when can you get alimony, or for what amount and duration.

If an abuser requests alimony, the court may consider the domestic violence when deciding whether to grant spousal support.

Divorce Timeline

Domestic violence often leads to contested divorces, such as when your spouse won’t sign divorce papers or refuses to engage in good-faith negotiations.

In such situations, Illinois courts may move forward with the divorce process. For example, if an abuser is hiding out so he or she cannot be served with papers, the petitioner (person who filed for divorce) must show that he or she made satisfactory efforts to serve the respondent. Courts can grant emergency and interim protective orders to keep spouses apart while the divorce is happening, too.

Challenges When Dealing With Domestic Violence in Glencoe

How does the court handle domestic violence issues in family law cases? It can be difficult. The challenges include staying safe, protecting children, proving a case, and dealing with other aspects of the court system.

Gathering Evidence and Proving a Case

One challenge is gathering evidence that is clear and compelling enough for courts to take action. This evidence can take the form of witness testimony, medical reports, police reports, and other documentation. This process may be extra stressful for victims still dealing with trauma. Working with a skilled attorney can help them present their case.

Fighting False Allegations of Domestic Violence

In heated situations, one party may falsely accuse the other of domestic violence. These can be used against you in a custody battle for any number of reasons, common ones being to get an advantage in legal proceedings (such as to get full custody of children or get more spousal support), to retaliate against the other party, to control or manipulate the situation, or to do what another party is advising. A relative might encourage someone to make false accusations, for example. A person may also honestly misunderstand or misperceive events, leading him or her to make accusations of domestic violence.

Staying Safe

Courts weigh the safety needs of people dealing with domestic violence with the fairness of the legal process. Judges need to balance the seriousness of allegations while understanding that the accused person has legal rights. Temporary protective orders, evidence, and witness testimony may combine to help judges make custody and other decisions.

The emotional and psychological repercussions of domestic violence can be huge. They may make it harder to deal with the legal process. Many people hesitate to come forward about domestic violence or to ask for a protective order. They may feel scared they will not be believed, or they fear being shamed. They may worry that trying to get help will make their children even more unsafe. Counseling, legal advocacy, and other services can help.

Dealing With Divorce and Custody Delays

Domestic violence in Glencoe can make family law cases take longer to resolve. One party may refuse to sign papers or be uncooperative. The case may still be able to progress, but the delays add time and stress. Timeline-wise, the general order of priority focuses on immediate protection and solutions that are more permanent.

  • Emergency protection orders: The court may issue emergency orders of protection (without the abuser having to be present). These can last up to 21 days in Illinois. They may order the abuser to stay away from a home, workplace, or school, and forbid contact. They may also include temporary custody and property protection decisions.
  • Temporary restraining orders: These may be necessary if an emergency order expires before a full court hearing can be held.
  • Permanent orders: These can be renewed indefinitely and offer long-term protection.
  • Family law decisions: With child custody, courts may restrict or supervise visitation until or if a parent is deemed sufficiently safe. Decisions about custody, spousal support, property division, or other matters may come before or after permanent orders go into effect.
  • Ongoing monitoring: Modifications to custody and support orders are possible if circumstances warrant. Courts may also have follow-up hearings related to protective orders.

Contact us at Silberman Law Group to talk about how the court might handle domestic violence issues in your family law case.

Family law attorney David Silberman is the founding attorney of Silberman Law Group, Family Law and Divorce Attorneys in Northbrook, Illinois. Mr. Silberman has a long track record of success providing his clients with reliable legal advice, protecting their best interests, and helping them obtain successful, sustainable outcomes.

Years of Experience: More than 15 years
Illinois Registration Status: Active
Bar Admissions: Illinois State Bar Association
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Family law attorney David Silberman is the founding attorney of Silberman Law Group, Family Law and Divorce Attorneys in Northbrook, Illinois. Mr. Silberman has a long track record of success providing his clients with reliable legal advice, protecting their best interests, and helping them obtain successful, sustainable outcomes.

Years of Experience: More than 15 years
Illinois Registration Status: Active
Bar Admissions: Illinois State Bar Association