Category Archives: Domestic Violence

The Effect of Abuse Allegations on Divorce Proceedings

Wheaton, IL Divorce Lawyer

Wheaton, IL Divorce Lawyer

The divorce process differs depending on if there is a history of child abuse or spousal abuse within the home. These allegations and charges, regardless of their outcome, play a pivotal role in child custody and visitation and spousal support determinations.

If you or your children are in danger of abuse, the most important thing is to get out of harm’s way. If you believe divorce is the right option for you, here is how abuse may affect your proceedings:

Parental Responsibilities

Illinois centers its child custody laws around the idea of what is “in the best interest of the children.” If you are in an abusive relationship and the physical or mental well-being of the child is in danger, it is critical you remove yourself and your children from the situation.

There have been cases in which one parent fled to safety, left their children behind, and both parents lost custody. If you leave because you are in danger, your children should come with you. It is also vital to create documentation, such as filing a police report, speaking to an attorney, taking photographic evidence, or shooting video of the violence. If there is evidence of abuse, a judge could decide the abusive party is unfit to parent. However, the court can choose any arrangement it prefers, such as:

  • Supervised visitation;
  • Prohibiting overnight visits;
  • Requiring a public place for child exchanges; or
  • Total termination of parental rights.

Spousal Maintenance and Child Support Payments

Financial abuse occurs when one spouse controls the finances, refuses access to money and controls spending, while also forbidding the other spouse to find employment. This makes the non-earning spouse entirely financially dependant on the other spouse. In cases such as these, a judge is likely to award spousal maintenance payments. Abuse can also increase the likelihood of being awarded child support payments. However, in all situations, violence does not automatically guarantee or deny financial support.

Contact a DuPage County Divorce Attorney

If you are considering divorce from an abusive spouse, contact a Wheaton, IL divorce lawyer immediately. The attorneys at Andrew Cores Family Law Group can help you file an order of protection to protect your family during the divorce process. Often, abusers put on a charming facade when attorneys and the court become involved. You want someone in your corner who will support your case and fight for your rights. Contact our office today at 630-871-1002 to schedule your free and confidential consultation.

Sources:

https://www.liveabout.com/child-support-and-domestic-violence-2997864

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2100&SeqStart=100000&SeqEnd=500000

The Challenges of Divorcing an Addict

addict, Wheaton divorce lawyerAddiction issues have affected most people in some way or another. Whether they are the friend or family member of someone who fights addiction or they themselves have struggled with addiction or substance abuse, addiction can be devastating to the people whose lives are impacted by it. The National Survey on Drug Use and Health reports that 21.5 million adults and adolescents experienced drug or alcohol addiction in the U.S in 2014 alone. If you or someone close to you struggles with addiction, you know that addiction can become all-consuming. If you are married to an addict, you may have considered ending the marriage through divorce. Only those in marriage can know what is the right course of action for them, but if you are unhappily married to an addict, there are a few things you should keep in mind.

Are You Being Abused?

One of the most horrible things about substance abuse and addiction is that it can change a person into a completely different version of themselves. Substance abuse has been found to co-occur in 40-60 percent of domestic violence or intimate partner violence incidents. If you are married to an addict and are considering if you should stay or leave, one of the biggest red flags that the marriage is unhealthy is abuse. While many only think of abuse as serious physical harm, such as a husband who repeatedly hits his wife, abuse can be much subtler. Psychological abuse can include threats made against the other spouse or the children, attempts to control and manipulate the family members, or forcing the family members to be isolated from other loved ones. Sometimes romantic partners of addicts put up with abuse much longer than they should because they believe the person cannot help their behavior. Unfortunately, abusive behavior often escalates.

Does Your Partner Want to Change?

Having an addiction issue by no means guarantees that a person will never be able to lead a successful, happy life. Many people are able to overcome substance abuse issues with the help of programs such as Alcoholic Anonymous or Narcotics Anonymous. Others find the assistance they need to get past addiction issues in a religious organization or support group. Therapy and other psychological intervention have been found to significantly help those with addiction problems. However, in order for these methods to work, the addicted individual must be willing to engage with them. If your spouse is unwilling to get help in order to change his or her behavior, he or she may not be ready to change.

Considering Divorce? Let Us Help

If you have further questions about divorce or other family law matters, contact an experienced Wheaton divorce attorney for help. To schedule a free, confidential consultation at the Andrew Cores Family Law Group, call 630-871-1002.

 

Sources:

https://www.psychologytoday.com/blog/contemplating-divorce/201109/so-youre-married-addict-is-divorce-inevitable

https://www.asam.org/resources/publications/magazine/read/article/2014/10/06/intimate-partner-violence-and-co-occurring-substance-abuse-addiction

Power and Control: Domestic Violence

control, DuPage County family law attorneyDomestic violence occurs when a person physically, emotionally, or sexually abuses their romantic partner or another member of his or her family or household. Such violence, which is also called domestic abuse, can happen to anyone. Men and women alike can be victims of it. People of all races, cultures, income levels, sexual orientation, and age can be affected by domestic abuse.

At the heart of domestic violence is the abuser’s need to control their victim. Often, they use destructive and cruel behaviors to maintain power and control over their significant other or spouse. A perpetrator of domestic abuse may:

  • Physically harm their partner by punching, slapping, kicking, or otherwise hurting them;
  • Use weapons to hurt or intimidate their partner;
  • Threaten their partner or their partner’s family;
  • Deprive their partner of access to finances or use money to control him or her;
  • Purposely humiliate their partner with the intention of breaking him or her down emotionally; or
  • Force their partner to have sex against his or her will.

These are only a few of the tactics that abusers use to hurt their partners. If your romantic partner or spouse is doing anything to you that makes you feel afraid, threatened, or unsafe, please do not hesitate to reach out for help.

Politician’s Son Arrested on Charges Related to Domestic Violence

Former presidential candidate Sarah Palin has been in the news recently after her son Track was arrested on charges related to domestic violence. He and his father were arguing over a truck when Track allegedly attacked him. The father sustained injuries to his head and face. Track was arrested by police and charged with first-degree burglary, fourth-degree assault and fourth-degree criminal mischief.

This is not the first time Track Palin has been in hot water for domestic violence. In 2016, he was arrested due to another violent altercation – this time with a woman. According to a spokesman for the Wasilla police department, the 2016 incident resulted in Palin being charged with assault, interfering with a report of domestic violence, and possession of a weapon while intoxicated.

Seek Trusted Legal Help

If you are currently in an abusive relationship, do not hesitate to seek safety. This may include removing yourself from the abuser’s home and filing for an emergency order of protection. No one deserves to be in a violent or abusive relationship. If you are ready to take the step of divorcing your abusive spouse, the attorneys at Andrew Cores Family Law Group are here for you. For compassionate legal guidance, contact a skilled DuPage County family law attorney. Call 630-871-1002 for a free, confidential consultation at any one of our three convenient locations today.

 

Sources:

http://www.cnn.com/2017/12/18/politics/track-palin-arrested-domestic-violence/index.html

http://www.thehotline.org/is-this-abuse/abuse-defined/