Can Domestic Violence Affect My Divorce Proceedings?

 Posted on April 29, 2024 in Divorce

St. Charles divorce lawyerDivorce proceedings are stressful for many, and this process becomes more challenging when accusations of domestic violence occur from one party or when a spouse needs to seek a protective order during a divorce. Contentious divorces can be especially difficult to navigate, and domestic violence can impact many parts of your Illinois divorce.

You should work with a skilled Illinois divorce lawyer to understand your legal options in situations where domestic violence may be a factor.

Domestic Violence and Divorce

Domestic violence is any type of behavior that is threatening, abusive, or physically harmful to those who share the same household, such as spouses or parents and children. These issues may become heightened during a divorce, as divorces result in the need for spouses to come to an agreement about the end of their marriage and related topics, such as property division and child custody.

While you will not need to cite domestic violence as a reason for your divorce due to Illinois being a no-fault divorce state, it is still vital to keep in mind your options for pursuing safety or defending yourself against false domestic violence accusations as you separate from your spouse.

How Do I Pursue a Divorce Amid Domestic Violence Issues?

In the case of legitimate domestic violence issues, your first step before continuing to pursue your divorce or broaching the subject of divorce is to file for an Illinois Order of Protection. A lawyer can help you file these forms and ensure that any emergency protections are in place before you head to court to request a longer-lasting Order of Protection, as needed.

Alternatively, suppose you are dealing with false accusations of domestic violence due to a particularly contentious divorce. In that case, you will need to follow all instructions that you receive from a court, including refraining from contacting the person who accused you. Obtain a lawyer as soon as possible to help you navigate these accusations.

In both cases, your divorce proceedings will likely be slowed down as you deal with any domestic violence-related issues. Your attorney can guide you when it comes to taking the next steps in your divorce after these issues are settled.

Contact a St. Charles, IL Divorce Lawyer

Domestic violence may often become an issue as divorce proceedings start, and it is essential that you work with a knowledgeable Kane County, IL divorce attorney to protect yourself. Our attorneys at Shaw Sanders, P.C. take domestic violence seriously, and whether you need to file an Order of Protection or defend yourself against false accusations, we will advocate for your rights. Call 630-584-5550 for a free consultation.

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