How Often Domestic Violence Appears in Custody Disputes

Domestic violence allegations appear frequently in custody cases. Fedor Kozlov explains that while genuine victims deserve full legal protection, many modern cases misuse orders of protection for purposes unrelated to safety—such as gaining leverage in divorce or custody disputes.

Before becoming an attorney, Kozlov worked for EVE, Inc., a Michigan nonprofit organization that supports victims of domestic violence. He saw true victims arrive from hospitals with serious injuries, seeking shelter and a safe path forward. But over time, as he began practicing law, he noticed orders of protection being filed in situations that didn’t rise to the same level of threat or harm.

Criminal vs. Civil Orders of Protection

In Illinois, domestic violence cases may involve either criminal or civil orders of protection.

• Criminal Orders of Protection apply when domestic violence involves criminal conduct—such as assault or battery—and these orders last throughout the criminal case.
• Civil Orders of Protection are used in less severe situations, such as arguments or minor altercations that don’t lead to criminal charges. These typically begin as emergency orders lasting about two weeks, after which the court decides whether to extend or dismiss them.

While these orders serve a purpose, Kozlov emphasizes that an order of protection is ultimately a piece of paper—not a guarantee of safety. He cautions that determined abusers can still harm victims despite court orders, and real protection often requires law enforcement involvement or criminal consequences.

How Orders of Protection Affect Family Life

Orders of protection can complicate family dynamics in unexpected ways. Once an order is in place, the person it’s issued against must avoid all contact with the protected individual—even accidentally.

For example, if a husband has an active order of protection and runs into his wife at a store or restaurant, he must immediately leave to avoid violating the order. Even answering a phone call or sending a text message can be considered a violation.

Violating a civil order of protection can lead to criminal charges, making these cases extremely sensitive. Kozlov notes that such restrictions can create confusion when families share children, homes, or finances. A parent barred from communication may still need to coordinate childcare or household obligations.

The Impact on Custody and Visitation

When orders of protection exist between parents, child custody and visitation become much more complicated. Because the parents cannot communicate directly, they often cannot participate in mediation—a key step in resolving custody issues.

In these cases, the court appoints a Guardian ad Litem (GAL) to represent the child’s best interests. The GAL determines visitation terms, which may include supervised or unsupervised visits, depending on the circumstances. Parents are often required to share the GAL’s fees equally.

Even with a protective order in place, the parent subject to the order is typically granted some form of visitation—sometimes monitored—to maintain a relationship with the children. Communication between parents then occurs through approved parenting communication apps such as Talking Parents or My Family Wizard.

The Emotional Side of Orders of Protection

According to Kozlov, most civil orders of protection arise from moments of emotional escalation—not calculated malice. Stress from work, financial strain, or unresolved relationship issues can lead to sudden arguments and impulsive actions that result in calling the police.

For this reason, courts often issue two-week emergency orders to give both parties time to calm down. After that, they can either pursue a longer-term order or let it expire. In some cases, courts suggest an alternative called a “No Contact Order.”

A no contact order functions similarly to an order of protection but without criminal penalties for violation. It’s a way for couples to maintain distance while avoiding the severe legal consequences of a full protective order.

Misuse of Orders of Protection

One of the most concerning issues, Kozlov explains, is the misuse of orders of protection to gain advantage in divorce proceedings. Some individuals file false or exaggerated claims to obtain exclusive possession of the marital residence.

Once the order is granted, the other spouse may be forced out of the home and still required to continue paying the mortgage, utilities, and household expenses, even though they can’t live there. This tactic can drag out divorce cases for years, creating emotional and financial hardship.

Kozlov warns that while the legal system aims to protect victims, false or strategic filings damage credibility and undermine real victims’ experiences.

When Protective Orders Are Truly Necessary

Despite his criticism of misuse, Fedor Kozlov is clear: when domestic violence is real and severe, orders of protection save lives. In cases involving physical harm, serious threats, or child endangerment, criminal orders of protection—combined with police support and access to shelter services—are essential.

True victims need immediate protection and access to safe housing, legal representation, and recovery resources. In these circumstances, the legal system works as intended to prevent further harm and support long-term safety.

Final Thoughts: Balancing Safety and Fairness

Domestic violence allegations can drastically alter the course of custody and divorce cases. Orders of protection are meant to ensure safety, but they can also reshape family structures, finances, and parental rights.

Fedor Kozlov emphasizes that every case requires context, compassion, and careful legal analysis. The goal should always be to protect genuine victims without allowing the process to be used as a tool for manipulation.

About Attorney Fedor Kozlov

Fedor Kozlov is the founding partner and chief litigator at the Law Office of Fedor Kozlov, P.C., where he represents clients in complex family law cases involving divorce, domestic violence, custody, and property division. To learn more or request a consultation, visit lawyer-il.com.