Ways to Prove Domestic Violence in an Illinois Divorce Case

 Posted on July 27, 2023 in Divorce

In an Illinois divorce case, proving domestic violence can have a significant impact on various aspects of the proceedings, especially child custody. While Illinois is a no-fault state for divorce, meaning neither party needs to prove any specific wrongdoing, showing a marriage suffered from domestic violence can play a large role in making child custody arrangements. 

Today, we will look at how domestic violence can be proven in an Illinois divorce case. If you have suffered from domestic violence and are concerned with how it may affect your divorce, talk to an attorney to see what measures can be taken so that violence is not a threat to you or your children ever again. 

Documentation and Evidence 

In the legal system, it takes more than mere words to prove someone is guilty. To prove domestic violence, it is essential to put together as much evidence as you can. This may include: 

• Medical records

• Photographs of injuries

• Testimony of witnesses to the violence

• Police reports

• Audio or video recordings

• Text messages

Evidence can help show a history of violence.  Moreover, evidence can prove essential during divorce and custody proceedings as a way to demonstrate that your spouse has exhibited dangerous behavior in the past and thus should only be allowed restricted access to the children, if at all. 

Importance of Professional Testimony

Hiring the services of professionals like mental health specialists, therapists, or counselors can lend credibility to a domestic violence claim. These professionals can provide tests which may include evaluations of any emotional or psychological problems of a spouse, their potential risks to children, or their potential for rehabilitation. 

Child Custody Considerations 

Of course, family courts take domestic violence very seriously when deciding child custody matters. Providing as much information and evidence as possible showing how the abusive behavior affects the children’s physical and emotional well-being is essential. These factors can significantly impact custody arrangements, with the court prioritizing the safety and welfare of the children above all else. 

Contact a DuPage County Divorce Lawyer 

By providing strong evidence, sufferers of domestic violence can support their claims and promote their and their children’s safety as a divorce moves forward. For help from well-respected family lawyers, contact the Wheaton divorce attorneys with The Stogsdill Law Firm, P.C.. Call 630-462-9500 for a private consultation. We always respect the seriousness of domestic violence allegations and, if necessary, will never contact you without your permission. 

Source - https://www.thehotline.org/resources/building-your-case-how-to-document-abuse/