Ending a marriage is always a difficult process, but it is especially hard when you are trying to divorce a spouse who has been abusive to you or your children. An abusive spouse may try to stop you from filing for divorce in the first place, and they will likely do everything in their power to make the divorce process as difficult as possible, often including threatening your safety. It goes without saying that good faith negotiations are not possible in such circumstances, and your best option for protecting yourself and your interests is to work with an experienced attorney who can stand up for you.

Protecting Yourself and Your Property

Perhaps the most important consideration when divorcing an abusive spouse is securing the physical safety of yourself and your children. If you have been the victim of domestic abuse or you believe you are in danger, you can petition for an order of protection in Illinois court. An order of protection can prohibit your spouse from engaging in acts of abuse, or communicating with or coming near you or your children at home, work, or school. An order of protection can also grant you temporary exclusive possession of your home and other property, or prevent your spouse from taking or destroying marital property.

February is National Teen Dating Violence Awareness Month. Sadly, many teenagers, as well as adults, are in abusive relationships, whether it is within a romantic relationship or with a family member. Victims may be afraid to leave these dangerous situations for various reasons. However, Illinois law allows victims to file for orders of protection to keep themselves and their children safe. Sometimes called a restraining order, an order of protection is a court order that prohibits an alleged abuser from approaching or contacting his or her victim. If an individual violates the terms of the order, he or she can face serious legal consequences. If you or your loved one is concerned about your safety, it is imperative to hire an experienced family law attorney who can help you file and enforce a protective order.      

Illinois Domestic Violence Act

According to the Illinois Domestic Violence Act of 1986, domestic violence is a crime. Any person who hits, kicks, chokes, harasses, or interferes with the personal liberty of a family or household member has broken the law. Fortunately, if you are the victim of abuse, you can file for a restraining order to prevent the alleged abuser from contacting you or your children. 

A typical restraining order will do the following:

There is an old saying that no one really knows what goes on behind closed doors. This adage applies to many marriages, where outward appearances can be deceiving. A couple who seems to have it all -- healthy kids, big house, fancy cars -- may in reality be dysfunctional and miserable. Domestic abuse is a serious problem that often leads to divorce and the breakup of a family. Under Illinois law, domestic violence is considered a crime. However, it does not just occur between married couples. 

Anyone who hits, kicks, chokes, threatens, harasses, or interferes with the personal liberty of a family or household member has broken the Illinois Domestic Violence law. These members include married spouses, blood relatives, romantic partners, roommates who share or shared a common dwelling, and even disabled individuals and their caretakers. Luckily, victims of domestic abuse and other forms of financial abuse can petition the court for special protections, known as orders of protection.    

Reasons for Seeking Protective Orders

Sometimes called a restraining order, an order of protection is a court-issued directive that can be entered against an alleged abuser. The court may enter this kind of protective order when an individual fears for his or her own safety (or that of his or her children’s) because of actual or threatened abuse by a family or household member. This type of order generally restricts what the abuser can do, such as coming into physical contact with the victim, and harassing or stalking the victim electronically. 

The National Domestic Violence Hotline (NDVH) received its five millionth call in May of this year. This statistic shows how prevalent domestic violence can be in relationships. In many cases, the victimized person may fear for his or her safety on a daily basis. However, he or she may also be afraid to leave an abusive spouse or partner. Domestic violence can take many different forms. These can include physical harm, verbal threats or harassment, and more. Sometimes making that first call for help is the most difficult step in the process to escape an abusive situation. It is important to understand what behavior constitutes abuse so you can recognize it and seek legal orders of protection. 

Illinois Domestic Violence Law

Domestic violence is considered a crime in Illinois. Any individual who hits, kicks, chokes, harasses, threatens, or interferes with the personal liberty of another family or household member violates the Illinois Domestic Violence law. Illinois law defines family or household members as:

• Family members who are related by blood;
• A married or divorced couple;
• People who share or previously resided in the same home;
• People who have a child in common;
• People who are current or former dating or engaged partners; and
• People with disabilities and their caretakers.
• Forms of Domestic Abuse

Although physical abuse is the most recognizable form of domestic violence, it is just one of many forms of it. Domestic violence encompasses: