Subscribe to this list via RSS Blog posts tagged in Illinois domestic violence laws

IL family lawyerUnhealthy and abusive relationships can be easy to spot from the outside but can become difficult to recognize when you find yourself in that situation. They say that love is blinding and this is often the case in relationships like these. A man or woman in a relationship gets used to their partner’s behavior and often gives them excuses in regards to their abusive tendencies. Statistically speaking, one in four women (24.3%) and 1 in 7 men (13.8%) aged 18 and older in the United States have been the victim of severe physical violence by an intimate partner in their lifetime. Physical abuse is not the only form of abuse that takes place in relationships. Emotional and sexual abuse are often more common. Continue reading to learn about what is considered abuse and why victims of abuse stay in unhealthy relationships.

What Is Abuse?

Abuse can come in many forms and does not always have to be an act of violence. Consistently putting down your partner or making them feel less about themselves is a common form of emotional abuse that often gets brushed off. Many incorrectly believe that violence or assault is the only true form of abuse because there is physical evidence to look at. Manipulation is another common abuse tactic. This can be explained as your partner wanting to spend time with you; however, an unhealthy amount of time spent with your significant other is never a good idea for either person. This manipulation can be as simple as dictating who their partner’s friends can be or as complicated as threating suicide if their partner leaves them. Financial control is also an example. This is more common in marriages since your bank accounts are typically merged; however, it is not impossible in a dating relationship as well. A partner who makes all financial decisions without consulting their spouse can use this to their advantage. Having financial gain over another is an easy control tactic that can be used without the partner even recognizing it.

Common Reasons People Stay in Abusive Relationships

It can be difficult to understand why someone would stay in an abusive relationship when they have never been in one themselves. There are a variety of different reasons why partners stay.

  • Love: This is one of the most simple and common reasons why abusive relationships continue - love. It can be difficult to leave someone you love no matter how much they hurt you. Remembering the “good times” from the past can be strong enough to motivate individuals to keep trying to get them back.
  • Lack of Finances: Financial abuse is so successful because not having the money to be independent can force people to remain in their current situation. Many people do not see another option since they do not have the means to do so.
  • Normalizing Abuse: This is similar to the lack of recognition of abuse. Many partners do not realize how serious the abuse has become. They think abuse simply comes with all relationships.
  • Low Self-Esteem: The way a person sees themselves determines many of the decisions they make in life. Emotional abuse typically deteriorates an individual’s self-esteem over time. Their partner will plant the idea that they will never find anyone else causing them to stay out of fear of loneliness and low self-esteem.

Contact a Kane County Domestic Violence Attorney for Help

Finally leaving an abusive relationship often requires more steps than telling your partner “it’s over.” For those who are married, divorce is one of the best ways to ensure that you cut all ties with your former spouse. Orders of protection may also be necessary depending on the dangers of the situation. If you are considering divorce or need help filing for an order of protection, contact our St. Charles, IL domestic violence lawyers for a free consultation at 630-584-5550.

 

...

b2ap3_thumbnail_domestic-violence_20170816-022611_1.jpgBefore you can divorce your abusive spouse, you might need to get yourself out of your home and into a healthy mental and physical state. You can do this by making use of the resources available to you provided by the Illinois Coalition Against Domestic Violence. Use its website or call the Illinois Domestic Violence Hotline to find a safe way to leave your home and reach your nearest victims’ shelter. Ending an abusive marriage can take time, money, and your mental and physical energy, but it is always worth it.

The Illinois Coalition Against Domestic Violence

The Illinois Coalition Against Domestic Violence (ICADV) is a nonprofit organization that provides resources to domestic violence victims throughout Illinois. These resources include grants for organizations seeking to provide resources to domestic violence victims, safety planning for victims, education and outreach for victims, and training for licensed counselors and social workers who work with domestic violence victims.

Orders of Protection

If you feel you are in danger of suffering more abuse by your former partner, use an order of protection to keep him or her from contacting or coming near you. To do this, file a Petition for an Order of Protection with your local circuit court. There are three types of order of protection available to Illinois residents:

...

Illinois divorce attorney, Illinois family lawyerDomestic violence is one of the most common issues in divorces, especially when dealing with parenting time questions. Because it is so commonly discussed and dealt with, however, many persistent myths have appeared on the topic. If you do not have the right information when you need it, you run the risk of missing opportunities or information that could help you out of a difficult situation.

MYTH: Domestic violence laws in Illinois only apply to mistreatment between spouses. Fact: The Illinois Domestic Violence Act explicitly states that the laws do not only apply to abuse between spouses. 750 ILCS 60/103(6) prohibits any abuse being visited on “family” or “household members,” which casts the net much wider. Past jurisprudence has included ex-spouses, roommates, co-parents of a child who lives in the home (not necessarily married), and disabled people and their caregivers under this umbrella. Essentially, as long as one or both parties to the abuse can demonstrate a relationship to the home, the law will apply.

MYTH: Abuse, for the purposes of charging someone with domestic violence, must be of a physical nature. Fact: As long as it can be shown that one person seeks to harass or control another person and has caused tangible harm in doing so, abuse can be alleged. Physical abuse need not leave bruises - if it causes harm or the imminent threat of harm, it is abuse under the law. Abuse in this context may also be emotional or even financial - essentially any act that seeks power over another person may be held to be abusive if evidence of intent and harm are presented.

MYTH: If you are an abuse victim, there is no one who must help you besides the police. Fact: In each state, there are many people who have, in their professional capacity, a mandatory obligation to report any suspicion of domestic abuse. In Illinois, the mandatory reporting requirement falls on medical care practitioners - any person authorized by Illinois law to “offer health care in the ordinary course of business” must furnish a suspected victim with resources on where to turn. They are also immunized against most (if not all) Good Samaritan actions.

MYTH: If you do not leave your abusive spouse immediately, it will be held against you when you later contest parenting time and support issues. Fact: It is becoming more commonly known that leaving an abusive spouse is not always possible, especially if one has children. To leave an abusive partner, one requires money and time, and given the controlling nature of most abusers, this may be very difficult to obtain. Good faith is generally ascribed to victims of domestic abuse unless it becomes readily apparent that this is misguided.

...

Recent Blog Posts

Categories

Archives

Contact Us

How Can We Help?

NOTE: Fields with a * indicate a required field.
*
*
*
AVVO LL BV