How Should I Deal with Domestic Violence?

 Posted on February 19, 2024 in Domestic Violence

Domestic violence is, unfortunately, a very common occurrence. In fact, the Centers for Disease Control have stated that millions of Americans are affected by domestic violence every year. When someone is a victim of domestic violence, it can be extremely difficult for them to leave the situation, considering all the ways they will need to start over, but no one should have to suffer through the awful experience of being abused in their home or by a relative. If this describes you, please know that you have options, and a Wheaton, IL family law attorney can help.

Order of Protection

Victims of domestic violence can file a petition for a restraining order, officially called an Order of Protection. This order restricts the abuser from coming within a certain distance of and contacting you and/or your children, depending on the specific circumstances. If your abuser violates this order, they can be arrested and incarcerated, so they will be motivated to abide by it.

As with most matters that need to be resolved in court, it can take some time to process such a petition, but while you wait, you can appeal for a temporary but immediate Emergency Order of Protection. These are valid for only up to 21 days, after which you will need to attend a court hearing to receive a Plenary Order of Protection, which can last for up to two years.

Petition for Sole Custody

In general, the state of Illinois will grant both parents some amount of custody in a divorce. Even if one parent has primary custody, the other will generally be granted some amount of visitation and parental responsibilities, but that is not the case if one parent is considered harmful to the children

You have the option of requesting sole custody, but the burden of proof falls on the parent petitioning for this. Your case will be helped if you can provide evidence that your spouse is abusive and unable or unwilling to provide a safe environment for your children.

Contact a DuPage County, IL Family Law Attorney

If you are suffering from domestic violence, a compassionate Wheaton, IL order of protection lawyer can help. At Fawell & Fawell, we pride ourselves on using a practical, results-oriented approach and we can handle your case with the passion and sensitivity you need. Call 630-871-2400 to schedule a free consultation so we can begin fighting for you.