Getting a Divorce When Your Spouse is Physically Abusive

 Posted on February 11, 2020 in Divorce

Intimate partner violence is tragically common. According to the National Coalition Against Domestic Violence, 20 people are abused by a spouse or significant other every minute in the United States. Ten million U.S. men and women are victims of physical abuse from a romantic partner every year. If you have been physically abused by your spouse, you should know that you are not alone. Making the choice to leave an abusive spouse is an extraordinarily brave decision. If you are considering divorcing a spouse who has abused you, there are some special considerations you may want to keep in mind.

Orders of Protection

If you are worried that your spouse will harm you or your children once he or she learns that you plan to divorce him or her, you may want to obtain an order of protection, sometimes called a restraining order. An Illinois emergency order of protection (EOP) can be obtained at your county courthouse without the need for your spouse to be present.

The order can be personalized for your particular needs, but most protection orders require the abusive person to stay a certain distance away from the victim and/or the victim’s children. An EOP can also include provisions that require your spouse to stay away from your home, workplace, or school and refrain from calling or otherwise contacting you.

If your spouse violates any of the terms of the EOP, call the police immediately and your spouse will probably be arrested. An emergency order of protection not only prevents your spouse from harassing you or attempting to harm you during the divorce process, but it is also important documentation of the abuse you have suffered. This documentation may be beneficial during future legal proceedings such as child custody hearings.

Getting Professional Support

Divorcing an abusive spouse can be a scary and overwhelming ordeal. Getting support from a therapist or counselor can be extremely beneficial during the process. You may also want to consider joining a support group so that you get help from others who have been through what you are going through. A divorce lawyer with experience helping victims of abuse is an invaluable resource. A lawyer can help you understand your rights, advocate on behalf of you and your children’s’ best interests, and ensure that you receive a fair divorce settlement.

Contact a Naperville Divorce Lawyer

The compassionate DuPage County family law attorneys at Pesce Law Group, P.C. have helped many victims of abuse end their marriages so that they can move on to a brighter future. We can assist you with obtaining a protection order, resolving issues related to property division, child custody, child support, spousal maintenance, and more. Call our office at 630-352-2240 today and schedule a free confidential consultation to learn more.

Sources:

https://www.ncadv.org/statistics

https://courts.illinois.gov/forms/approved/protective_orders/How_To_Ask_For_An_Order_Of_Protection.pdf