Tag Archives: domestic abuse

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

Financial Abuse is an Often-Overlooked Type of Domestic Violence

financial abuse, Wheaton family law attorneyWhen we think about domestic violence, what often comes to mind is the physical and emotional abuse that domestic violence victims sadly experience. However, financial abuse is also a type of domestic violence which abusers use to control and overpower their victims. Read on to learn about the warning signs of financial abuse.

When One Spouse is Completely Oblivious to Finances

In many marriages, one spouse is more financially-savvy than the other and therefore does the majority of money management. There is nothing wrong with this scenario. However, sometimes this imbalance of financial responsibility starts to become too extreme. When one spouse is solely in charge of the finances and does not allow the other spouse access to information or funds, he or she could be using money to abuse his or her partner. One major warning sign of financial abuse is when one spouse does not have his or her own debit card, credit card, or checkbook and only pays cash for items. Some abusive partners do not allow their victims access to bank accounts because they do not want them to escape the abusive relationship.

When a Spouse is Forced to Sign Documents

Abusive individuals can also control their victims by having them sign documents which decrease their rights. Some victims of domestic violence have reported being tricked or forced into signing things like business agreements, tax returns, or prenuptial agreements. No one should ever sign a legally-binding document without reading and understanding it entirely. If someone is encouraging their partner to turn a blind eye to the content of a document they must sign, this could be a red flag for financial abuse.

Other signs of financial abuse in a marriage include when one spouse insists that the other spouse relinquish all of his or her paychecks. A spouse who is afraid to spend his or her own money may be a victim of financial abuse. When one spouse is exclusively responsible for paying the bills, managing bank accounts, and making all purchase decisions, it is very easy for the relationship to become abusive. If you are experiencing financial abuse, you should know that there are ways to get help.

Contact an Experienced Family Law Attorney

If you are ready to take control back of your life by ending an abusive marriage, the Andrew Cores Law Group is ready to help. Our DuPage County divorce attorneys have the skills and experience to help you end your marriage on your terms. Contact our office today to set up a free initial consultation by calling 630-871-1002.

 

Sources:

http://www.divorcemag.com/blog/financial-abuse-is-a-form-of-domestic-violence

https://www.forbes.com/sites/mayakachroolevine/2017/09/25/financial-abuse-how-to-identify-it-and-what-you-can-do-to-help/2/

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/