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Tag Archives: abusive spouse

DuPage County domestic violence lawyersDomestic violence, which impacts approximately one in three women (and one in four men) is a near silent epidemic. Terrified to leave or speak out, victims often live behind the facade of a happy home, despite being in constant danger. Sadly, the longer they stay in the relationship, the more they risk serious injury or death at the hands of their abuser. Thankfully, there are legal steps that victims can use to protect themselves when they find the strength and courage to leave.

How a Restraining Order Can Protect You and Your Child

Restraining orders are designed to provide legal protections to victims of domestic violence. More specifically, they:

  • Prohibit your abuser from intimidating, harassing, stalking, exploiting, or negatively impacting your personal liberty;
  • Mandate that your abuser stay away from you and anyone else listed on the order of protection;
  • Prohibit your abuser from removing your child from the state, or hiding them away from you within the state;
  • Order your abuser to stay away from your school, place of employment, and other specific places you may frequently visit;
  • Prohibit your abuser from destroying or getting rid of your belongings;
  • Prohibit your abuser from possessing a firearm;
  • Require that your abuser reimburse you for shelter and counseling services (when applicable);
  • Exclude your abuser from the home in which you are living (even when owned or leased by the abuser);
  • Mandate that your abuser return all personal belongings to you;
  • Prohibit your abuser from causing any harm to your child (mentally, physically, or sexually); and
  • Prohibit your abuser from removing a shared child from your physical care. 

Emergency Orders of Protection

While most victims need long-term protection from their abuser, such orders take time to put into place. Emergency orders help to fill the gap by providing immediate protection to the victim. Based solely on the testimony of the victim, these orders can be obtained at any time - even on holidays or at night, when the courts are closed. However, they only offer you protection for 14 to 21 days. Therefore, it is critical that victims begin the process for obtaining a long-term order of protection (known as plenary orders of protection) while the emergency order is still in place. 

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Wheaton divorce attorneysWhile many marriages end amicably, there are some that end with bitter words and violence. In an alarming number of these cases, the abuse dates back to before the marriage's dissolution. Thankfully, victims of abuse can find at least some solace in the law; they are afforded many protections in the workplace, and they have the right to seek an order of protection to keep their abuser at bay. However, if there are children involved, their divorce case usually becomes far more complicated. 

Understanding How Illinois Views Parental Rights

Parental rights are not intended for the parent; the courts afford them to parents to protect a child’s right to receive financial and emotional support from both of its biological parents. Because of this, victims of abuse may need to face some scary possibilities during their divorce: 

  • Abusers may still be permitted access to the children. If the courts determine that the children have not been abused and are not at risk for abuse, they may be permitted both parenting time and a share of the allocation of parental responsibilities; 
  • Situations involving questionable or confirmed abuse can still allow for visitation, even if only under supervision; and
  • If child abuse or neglect significantly pre-dates the divorce, you can be implied in the case. The law uses this penalty to protect children from long-term abuse and to deter people from falsely reporting cases of long-term abuse. Unfortunately, it can negatively affect true victims who have struggled to safely leave the relationship. As such, any cases of long-term abuse should be handled carefully, and only with the skilled assistance of a divorce attorney. 

Child Endangerment Charges in an Illinois Divorce Case

The divorce process can become highly complex if child endangerment charges are brought against you or your spouse during the divorce process. You or your spouse may be questioned or interviewed by the police and Child Protective Services. The courts may also assign a Guardian Ad Litem to your child’s case. Your children may even be placed in protective custody and sent to live with a family member or in a foster home. Regardless of whether you are the accused or the victim, ensure you embark on such divorces with great care. 

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Wheaton divorce lawyerMost divorcing couples realize that compromise is the least difficult path in a divorce. Sadly, there are those who will stop at nothing to “get even” or get what they want. Take a divorcing Oklahoma woman’s situation for example. 

During a meeting with her husband to sign paperwork for their divorce, he allegedly handed her a drugged cup of coffee. While it took her a while to realize that something was “off,” she ultimately discovered that she had been drugged after taking an over-the-counter drug test.

At that time, she also realized that their 3-month-old baby had been breastfed three times since consuming the coffee. She voluntarily took the baby to the hospital to ensure its safety, and she reported the incident to the police. The woman then pressed criminal charges and sought a restraining order against her husband to ensure the future safety or herself and her child. 

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Illinois domestic violence lawyersWhen your dream of a happy marriage becomes a nightmare, it can be difficult to discern whether leaving is a good idea - especially since so many of the horror stories of abuse involve a woman trying to leave her abusive husband. Thankfully, there are protections available to abused women. Learn more about them in the following sections and discover some tips on keeping yourself safe while trying to leave an abusive marriage, including how a seasoned divorce lawyer can assist with the legal aspects of your case. 

Take Time to Adequately Prepare for the Separation 

Although there are circumstances in which you have to leave to ensure your safety, it is usually better if you take the time to adequately prepare for the separation, long before your spouse catches wind of your desire to leave. Start by saving your own money in a separate bank account. It is also recommended that you keep a copy of your driver’s license, social security, birth certificate, and banking information with a trusted party, such as a close friend or family member. If at all possible, try to also store clothing and personal items with this person, as it will ensure you have what you need if the relationship suddenly becomes more violent. 

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Illinois family law attorneysMost parents know that their child needs to be protected during a divorce, but there are a few that will use their child as a weapon. Unfortunately, such actions can cause long-term damage. The following information can help you learn how to mitigate against the possible effects of parental alienation, and it describes how an attorney can assist with your divorce case.

Signs and Symptoms of Parental Alienation

In the early stages of parental alienation, parents may not notice any signs and symptoms. However, there may be details about the divorce that start to emerge. For example, your child might ask why you stopped loving the other parent, or why it is that you refused to forgive them for a mistake they made. As time passes, additional signs and symptoms may start to surface, including:

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
Davi Law Group, LLC handles family law, estate planning and real estate matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville, Illinois.
Warrenville Office
Address28371 Davis Parkway, Suite 103, Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road, Building A, Suite 105, Wheaton, IL 60189
Phone630-580-6373
Fax(888) 350-9195
Chicago Office
Address321 N. Clark Street, Suite 900, Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
Address58 N. Chicago Street, Suite 102,
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
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