According to the National Coalition Against Domestic Violence, an astounding 10 million men and women are victims of intimate partner abuse every year in the United States. Data shows that about 20 people per minute are abused by a boyfriend, girlfriend, or spouse in the U.S. Anyone who has been a victim of domestic violence knows just how terrifying and overwhelming the experience can be. Domestic violence or abuse can also have a tremendous impact on divorce proceedings. If you are considering divorce, and you have been mentally, emotionally, or physically abused by your spouse, there are several issues you need to be aware of.

Negotiation and Mediation May Not Be Appropriate in Situations Involving Domestic Abuse

Generally, couples getting divorced are encouraged to work out issues related to child custody, property division, and spousal support on their own or with help from a qualified mediator. However, when there is an imbalance of power between the spouses or a history of domestic violence, this may not be appropriate or even possible. It is highly encouraged that you speak with an experienced family law attorney if you are getting divorced and have been abused by your partner. Your attorney can help you understand your legal options and choose the course of action which is best for your unique situation. If you worry about the effect that your partner’s abuse has or will have on your children, your lawyer can also help you determine the steps you can take to protect your children’s safety, including requesting sole custody or requiring that your ex-spouse’s parenting time be supervised.

An Order of Protection May Help

Your safety and the safety of your children should be your top priority if you are planning to leave an abusive relationship. If you have reason to believe that your spouse will harm you in any way during the transition, you may want to consider getting an order of protection. There are three types of protection orders available in Illinois: an emergency order of protection (EOP), an interim order of protection, and a plenary order of protection. An EOP can be obtained at your local county courthouse and can remain in effect for 14 – 21 days. You will not need to notify your spouse if you get an EOP. This emergency order may require your abuser to stay a certain distance away from you and/or your children as well as your place of work, school, and your residence. A hearing will be held to determine whether a plenary order of protection should be issued to provide more permanent protection.

Divorce can be a difficult process, but if you are in an abusive relationship, it may be a necessary one. Unfortunately, abusive relationships often involve manipulation, and sometimes the person who is being abused does not realize they are a victim. Those who are experiencing difficulties in their relationship should be sure to recognize the signs of abuse and learn about their options for escaping an abusive situation.

What Defines an Abusive Relationship?

Not all abusive relationships are physically violent. These relationships typically involve one partner taking control or power over the other. This control can be expressed through physical violence, verbal abuse, and/or manipulative behavior. Mind games, threats, gaslighting, coercion, and intimidation are all common traits of manipulative behavior. Domestic violence can result in physical harm to a spouse or their children, but abuse can cause a great deal of emotional and psychological harm as well.

Here in the United States, an average of 20 people are physically abused by a spouse or intimate partner every minute. That means that every single year, an estimated 10 million Americans face some form of domestic abuse. The impact of domestic violence goes far beyond the initial injuries inflicted. Victims can face severe post-traumatic stress, anxiety, and even thoughts of self-harm. Fortunately, a dedicated legal team can help you remove yourself from an unhealthy and dangerous situation. 

What We Can Do 

According to the National Coalition Against Domestic Violence (NCADV), approximately 25% of American women face some form of domestic violence from an intimate partner. In many cases, domestic abuse from a spouse or partner can escalate into severe or even fatal injuries. By working with a dedicated, compassionate legal team, you can ensure the safety of you and your family. Our attorneys can help with:

• Establishing Orders of Protection: In cases of domestic abuse, your safety is our top priority. The first step we can take is obtaining an order of protection for you and your family. A restraining order can force your abuser to leave a shared residency and end any and all contact with you and your children. A temporary restraining order can be established simply through the account of the petitioner (the victim). Our team can provide you with representation in court hearings to ensure that permanent protections are put into place. 
• A Speedy Divorce: When separating from an abusive spouse, a divorce can represent an opportunity to move forward. We understand the sensitive nature of these situations, and our team is prepared to expedite the divorce process. Here in the state of Illinois, there are over 100,000 reported cases of domestic violence each year. Separating from a violent spouse can be the best option for you and your family, and our firm is here to help. 
• Ensuring Sole Custody: Roughly 1 in 15 American children are witnesses to domestic violence each year. Removing your children from a harmful situation can be critically important to their development. Children that witness domestic violence are more likely to struggle academically and face other emotional challenges. Securing sole custody can ensure that your children will no longer have to be a part of a violent situation. Our team is prepared to aggressively represent you and ensure that your children’s safety is protected. 

Contact a Wheaton Order of Protection Lawyer 

At The Stogsdill Law Firm, P.C., our legal team has extensive experience dealing with issues of domestic violence. We are dedicated to handling the difficulties of a violent relationship with the care that our clients deserve. Through expediting the divorce process, helping you gain custody of your children, or obtaining orders of protection, our team is here to help you and your family. To schedule a consultation with a DuPage County family law attorney, call our office today at 630-462-9500. 

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.