The Effect of Domestic Violence on Divorce and Custody

Domestic violence is a common family issue around the United States and can have significant effects on divorce and custody proceedings. In Illinois, keeping children safe from domestic violence, particularly during ongoing divorce proceedings, is a priority.

The Domestic Violence Act

The Illinois Domestic Violence Act was introduced in 1986, defining domestic violence as both physical and emotional abuse, interference that hinders personal liberty and willful deprivation. The Domestic Violence Act identifies victims as not limited to a spouse and includes other family members or household members. In a divorce case, the court will consider all types of domestic abuse against any member of the family, including children or other household members. If you or a family member has been the victim of domestic violence, it’s time to speak to a leading family and divorce lawyer to discuss your case.

Domestic violence has significant negative effect on divorce and custody cases. Under Section 103 of the Illinois Domestic Violence Act of 1986, any previous incident(s) of domestic abuse directed at a child or another adult will be considered. In other words, during a divorce and custody battle, any incident(s) of domestic abuse by a person, which was directed at a child or another adult, will have an impact on the impending divorce case. Even a minor domestic violence act will be considered as a tiebreaker in a divorce case where there is a history of domestic abuse. Parents guilty of domestic abuse are more likely to be excluded from the primary custody of the children and parenting time between the two parents will be determined in light of the domestic violence history.

Restriction and Limited Parenting Time

A divorce case based on domestic violence will initiate with a presumption the child/children should not be in contact with the individual who puts the children, or other members of the family through physical and emotional trauma. A person with a domestic abuse history will get limited support. If the court finds you guilty of abuse and violence on children or other family members, you may face more challenges in your divorce battle. No judge will base their decision on something that hinders the interests of the children. Therefore, it’s more likely the individual with domestic abuse history might get limited time with their children. Furthermore, the property division during a divorce will be in favor of the parent who was a victim of abuse by their spouse.

For more information about domestic abuse and divorce, or to schedule a free consultation, contact Law Office of Fedor Kozlov at 847-241-1299 to speak with an experienced attorney on this topic. Visit our website: www.lawyer-il.com for more information.