Domestic Violence in Illinois

 Posted on January 22, 2024 in Domestic Violence

Even though suffering domestic violence is a horrible experience, victims sometimes refrain from coming forward and taking steps to protect themselves out of fear that their abuser might find out. For people in this situation, urgent help is needed and a long, drawn-out divorce is not something they have the luxury of considering. If there are children, it might feel even more urgent to end the situation as quickly as possible. Luckily, the State of Illinois has ways to help that do not take much time. A Naperville, IL family law attorney can walk you through your options and fight aggressively to protect you and your rights.

Order of Protection

An Order of Protection, otherwise called a restraining order, is something you can file with the court. It will place enforceable limits on where your spouse can and cannot be, restricting them from coming within a minimum distance of you and/or your children, your home, your place of work, your children’s school, and whatever other areas are deemed a risk. 

Court grants and orders sometimes take time to be handled. Fortunately, the State of Illinois has the option of granting an Emergency Order of Protection (EOP), which can be granted almost immediately upon filing a complaint of abuse. The drawback is that this does not provide for permanent protections; it is valid only for up to 21 days. Once it expires, the complainant will need to attend a hearing and can request a Plenary Order of Protection, which can last up to two years. 

The advantage of an EOP is that even though it is only temporary, it provides the protection you need as quickly as possible. You can start petitioning the authorities for a longer order while still enjoying the safety made possible by your temporary EOP. Additionally, violations are punishable by arrest and detention. While this is not enough to guarantee that all abusers would feel compelled to observe the restrictions, it is certainly enough in most cases.

Sole Custody

Custody laws in the State of Illinois generally allow for both divorced parents to share in the parenting of their children. However, if either parent can be proven to pose a threat or otherwise provide for an unfit environment for the children, the court could grant the other spouse sole custody.

If you decide to take this option, the burden of proof about your spouse’s violent tendencies will fall solely on you. To help your case, you can provide evidence of your spouse’s inability to take care of your children, which can be related to:

• Unemployment

• Poor living conditions

• Emotional physical, sexual, or substance abuse.

If you can prove that your spouse is not willing and/or able to offer your children a safe, healthy environment, this could help you get a custody deal you can agree with.

Schedule a Free Consultation With a DuPage County, IL Domestic Violence Lawyer

If you or your children have been hurt by your spouse and you want to leave for the sake of your safety, let us help. At Pesce Law Group, P.C. we have a great deal of experience helping the victims of domestic violence get compensated for their suffering and begin new chapters in their lives. Call us at 630-352-2240 to schedule a free consultation with a knowledgeable Naperville, IL domestic abuse attorney.