Divorce is already an emotional and legal challenge, but when domestic violence is involved, the situation becomes even more complex. The safety of the victim and any children involved must be the top priority. Domestic violence can impact the outcome of divorce proceedings, including child custody, spousal support, and property division. Illinois law provides strong protections for victims, allowing them to seek restraining orders, emergency custody, and financial support to help them move forward safely.
Under the Illinois Domestic Violence Act (750 ILCS 60/101 et seq.), domestic violence includes physical abuse, harassment, intimidation, interference with personal liberty, and threats. Courts take allegations of abuse seriously, and evidence of domestic violence can influence a judge’s decisions on custody, visitation, and spousal support. Knowing your legal rights and taking the proper steps can protect you and your family during the divorce process.
Victims of domestic violence can petition the court for an Order of Protection under 750 ILCS 60/201. This court order can:
Orders of Protection can be obtained quickly in emergency situations and remain in place throughout the divorce case. Violating a protection order can result in criminal charges for the abuser.
Illinois courts prioritize the best interests of the child in custody cases under 750 ILCS 5/602.7. A history of domestic violence can impact parental decision-making rights and parenting time. If the abusive parent poses a threat to the child’s safety, the court may:
If there is documented abuse, it is critical to present evidence such as police reports, medical records, text messages, and witness testimony.
A spouse who has suffered abuse may be eligible for spousal maintenance under 750 ILCS 5/504. Courts consider the impact of the abuse when determining whether financial support is necessary. In some cases, economic abuse—such as preventing the victim from working or controlling all financial assets—may be considered in support decisions.
Seek an Order of Protection immediately and document all instances of abuse. Notify your attorney so they can take appropriate legal action to protect you and your children.
Yes, while Illinois is an equitable distribution state under 750 ILCS 5/503, courts may consider abusive behavior when dividing assets, especially if the abuser financially controlled or harmed the victim.
Evidence such as police reports, medical records, restraining orders, text messages, voicemails, and witness statements can help establish a pattern of abuse.
Courts prioritize the child’s safety under 750 ILCS 5/602.7. If there is evidence of abuse, the court may limit or deny custody and visitation rights to protect the child.
Violating an Order of Protection can be a criminal offense. Report the violation to law enforcement immediately. The abuser could face fines, jail time, or further legal restrictions.
Protective measures can be requested to avoid direct confrontation in court, such as virtual hearings or separate waiting areas.
Yes, an Order of Protection can remove the abusive spouse from the home and allow you to remain in the residence for safety reasons.
If you are facing domestic violence during your divorce, legal help is available. At Gordon & Perlut, LLC, we are committed to protecting your rights and ensuring your safety. Our team will fight for the legal protections you need and the best possible outcome in your case.
Contact our Skokie divorce attorneys at Gordon & Perlut, LLC by calling our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101 to schedule a consultation. We represent clients throughout Illinois and are ready to stand by your side.