Tag Archives: domestic abuse

Could the Illinois Stay-at-Home Order Lead to Domestic Abuse Accusations?

Wheaton divorce attorney for domestic violence and orders of protectionThese difficult times might have revealed many issues and vulnerabilities within marriages, leaving some couples wondering whether divorce might be a good option for them. However, there are other couples who might be dealing with even more problematic situations involving accusations of domestic violence. Since Governor Pritzker issued the original Stay-at-Home Order in Illinois, reports of domestic violence across the state have spiked. Here is an analysis of some of the most common ways that these challenging times have led to such increases in domestic abuse reports:

5 Reasons Domestic Violence Cases May Increase

In some parts of the country, there have been fewer reported cases of domestic violence and abuse during this public health crisis. However, in many regions throughout Illinois, reports of such cases have actually increased. This may be due to an increased potential for conflicts within most homes, including:

  1. Difficulties Related to Being Forced to Stay at Home Together—This public health crisis has forced couples and families to spend much more time alone together than they are accustomed to. In addition to increasing minor irritations, forced proximity can exacerbate existing relationship problems, and arguments or conflicts may become heated, leading to accusations of domestic violence.

  2. Financial Stress—Many people have lost their jobs over the last few months. Not being able to pay the bills can cause a great deal of stress within a household, and this can lead to an increased level of conflict that may cause family members to feel unsafe.

  3. Increased Drug and Alcohol Use and Abuse—People who are required to stay at home have more time on their hands to participate in behavior that may be seen as unhealthy, and the loss of a job or other stresses can lead some to engage in substance abuse. Increased use of alcohol or drugs may lead other family members to fear for their safety while at home.

  4. Higher Rates of Domestic Violence During Disasters—Even though this particular crisis is unprecedented, at least in modern times, history has shown that other similar disasters frequently lead to spikes in domestic violence cases.

  5. Increased Anxiety—Most everyone is anxious about what has been going on in our world these days. Worries about a family’s health and safety, how to find a new job or pay bills, how to keep children safe while meeting their educational and emotional needs, and countless other concerns can boil over into significant emotional issues or mental health concerns. In some cases, these can affect family members and lead to accusations of violence or abuse.

Contact a DuPage County Divorce Lawyer

If you are afraid for the safety of yourself or other family members, you should speak to an attorney about receiving an order of protection. Our lawyers can help you understand your legal options and provide you with representation if you choose to pursue a divorce. We can also help you determine how to respond if your spouse has obtained an order of protection against you. For legal help with concerns related to domestic violence or divorce, call a Wheaton family law attorney at 630-871-1002 for a free consultation.

Sources:

https://www.nbcchicago.com/investigations/chicago-area-domestic-violence-calls-spike-during-illinois-stay-at-home-order/2261566/

https://www.isp.state.il.us/crime/domesticviol.cfm

www.theatlantic.com/family/archive/2020/05/challenge-helping-abuse-victims-during-quarantine/611272/

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/