On February 8th, 2019, a man shot and killed his wife in their home in Blaine, Minnesota. The 46-year-old victim had served her husband divorce papers the previous November, but the couple continued to live together. While it has not yet been established whether or not the marriage was violent prior to the tragic incident, for victims of abusive relationships, the event served as a startling reminder of the risks of staying in a situation involving domestic violence. If you are seeking a way out of an unhealthy or abusive relationship, our legal team can work with you to expedite the divorce process and help you obtain the protection you need. 

The Risks of Domestic Violence 

According to a recent study conducted by the Centers for Disease Control and Prevention (CDC), over 50% of homicides with female victims are committed by intimate partners of the victim. It is important to understand the urgency to escape a violent relationship. Listed below are a few reasons why it is important to leave a violent or abusive situation as quickly as possible: 

• Potential for Gun Violence: According to the National Coalition Against Domestic Violence (NCADV), the presence of a gun in an abusive relationship increases the chance of homicide by 500%. Unfortunately, roughly 19% of all domestic violence cases involve a weapon. Do not be afraid to seek out help as you look to remove yourself from a violent situation. 
• Impact on Children: A violent marriage can have a severely damaging impact on your children. Approximately 1 in every 15 American children are witnesses to some form of domestic violence. Being around a violent relationship as a child can lead to depression, anxiety, and other mental health issues down the road. In the most tragic situations, relationship violence can also lead to violence against children. 
• Mental and Emotional Health Implications: When experiencing intimate partner abuse, it can be difficult to leave the relationship for a number of reasons, including the desire to protect someone you once loved. Still, it is crucial to remove yourself from the relationship for your own personal health. Experiencing regular abuse can lead to severe post-traumatic stress, depression, and addiction. 

Contact a Wheaton Divorce Lawyer

At The Stogsdill Law Firm, P.C., our legal team fully understands how emotionally difficult domestic violence is for the victim. Fortunately, our team can assist you in obtaining an order of protection, if necessary, as well as speeding up the divorce process. No one deserves to be in a violent marriage. To schedule a meeting with an adept DuPage County family law attorney, call our office today at 630-462-9500. 

Every single year, more than 10 million Americans face some form of domestic abuse from an intimate partner. For women, domestic abuse from a spouse or partner is incredibly common. According to the National Coalition Against Domestic Violence (NCADV), approximately 1 in 3 American women face some form of physical violence (slapping, punching, pushing, or life-threatening violence) from their intimate partner during their lifetimes. If you are being abused by your spouse, it is important to contact law enforcement officials and seek a way out of the relationship. Fortunately, a quality legal team can help you develop orders of protection and expedite the divorce process.

The Importance of Leaving the Relationship

In cases of domestic violence, many victims let their feelings for the abuser (or fear over the risk of an abuser's retaliation) be the reason they stay. In all reality, outside of increased chances of potentially fatal injuries, repeated domestic violence can only come with harmful ramifications.

Repeat domestic abuse victims are more likely to face post-traumatic stress, increased anxiety, and a lack of self-confidence. Additionally, children involved in households in which domestic violence is present are more likely to be physically harmed themselves. According to the NCADV, 1 in 15 American children witness domestic abuse at home. What is more, these children may suffer maladjustment issues because of the abuse they have either witnessed or experienced, and that can have life-lasting ramifications. 

Here in the state of Illinois, orders of protection are defined in the Illinois Domestic Violence Act of 1986, as a safeguard for a victim of abuse, seeking protection from an offender. Criminal acts that could warrant an order of protection, include acts of domestic violence, stalking, harassment, and sexual assault. If you have been served with a protective order, it is important to understand the language of the order and avoid any violations.

Three Types of Orders of Protection

In the state of Illinois, there are three types of protective orders, an emergency order of protection (EOP), a plenary order, and an interim order of protection. An emergency order of protection can be issued without notifying the respondent, due to the risk of harm. While an emergency order of protection represents a sufficient option for the short term, these orders are only valid for a maximum of 21 days. As soon as an emergency order is issued, a hearing for a plenary order is scheduled. A plenary order can only be issued after a hearing with both the petitioner and respondent (the respondent can choose to remain absent for the hearing, but must be notified of the hearing date). A plenary order can last for a maximum of two years. An interim order of protection can be issued if the respondent has been served but the litigation is still in process. Interim orders of protection last for a maximum of 30 days.

Violating an Order of Protection

If you have been served with a protective order, it is critically important to have thorough conversations with your attorney about the language of the order. Violating non-contact rules can potentially result in criminal punishment. Depending on the rules set in court, non-contact rules could include phone calls, emails, social media posts, or contact through a third party. In the state of Illinois, protective order violation can result in a Class A Misdemeanor. If you are convicted of more than one violation under the same order of protection, you will be charged with a Class 4 Felony. A Class 4 Felony can lead to up to 3 years in prison, and fines of up to $25,000.

When raising children, parents make a conscious decision to put the needs of their child before their own. Raising children can be nerve-wracking, stressful, and challenging, so it can be helpful to have a solid parenting team. Unfortunately, in the aftermath of a divorce, the parenting unit of father and mother is severely altered. When deciding how to approach your child custody case, it is important to know the benefits of various types of parenting plans. If you believe that sole-custody parenting is the best option for you and your family, you should fully understand the benefits and potential drawbacks.

The Benefits of Sole-Custody Parenting

A sole-custody parenting plan is, in some cases, the best option for a parent and their children. Sole-custody parenting can enable a child to maintain a certain level of consistency in their academic schedule, extra-curricular activities, and living situation. If you and your former spouse no longer have a relationship that can work as a functioning parenting team, it is likely the best option for one parent to be awarded sole custody. In cases of domestic abuse, a sole-custody parenting plan is almost always the best option.

The Potential Negatives of Sole-Custody Parenting

As mentioned above, sole-custody parenting can be the right option for a number of reasons, but a parenting plan that only involves one parent can come with some negatives. Children only living with one parent are more likely to fall below the poverty line, according to statistics compiled by the U.S. Census Bureau. These financial concerns are, in large part, due to the fact that only approximately 50% of custodial mothers have child support plans established in court. Out of those established plans, 25% of mothers expecting to receive child support never do. A sole-custody parenting plan can also be difficult for children to cope with emotionally. Sole-custody means that the child will likely have a less significant (or even non-existent) relationship with the other parent.

According to the National Coalition Against Domestic Violence (NCADV), approximately 10 million Americans are abused by an intimate partner each year. In all, 20 Americans experience domestic abuse every single minute, across the United States. Domestic abuse is one of the most physically dangerous and emotional traumatizing crimes to be a victim of. In many cases, victims are afraid to leave, do not want to alert authorities, and may still have an emotional connection to their abuser. In other situations, children are involved, and that can lead to increased complications and concerns.

Still, domestic violence can escalate quickly, and removing you and your family from a violent situation is the most important step you can take in ensuring your safety. If you or a loved one are facing domestic violence at home, contact law enforcement officials immediately and reach out to a team of legal representatives you can trust.

Long Lasting Impacts of Domestic Violence

Cases of domestic violence can come with ramifications that can last a lifetime. Physical violence can lead to loss of work hours, costly medical bills, and chronic post-traumatic stress. According to the NCADV, as many as 60% of victims of intimate violence lose their jobs because of complications forming from the abuse. Domestic violence can also impact the lives of children in the household.