For most divorcing parents, the primary concern is the safety and well-being of their child. The weight of that concern increases even further when there is a family history of domestic violence. Thankfully, there are preventative measures that parents can take to protect their child from abuse during and after a divorce. Learn how to utilize them through your Illinois parenting plan, and discover how our seasoned Wheaton divorce attorneys can assist with the process. 

Domestic Violence and the Propensity for Child Abuse 

Spousal abuse is not a definitive predictor for child abuse, as some abusers will harm their intimate partners but do not their children. Domestic violence within the home is considered a risk factor for child abuse, however, because it indicates that the abuser has a propensity for violence. Victims are encouraged to watch for potential signs of abuse in their child and to take preventative measures to protect their child from the possibility of violence or abuse. 

Recognizing the Signs of Child Abuse 

Victims of domestic violence tend to be astutely aware of the signs of physical abuse, such as unexplained (or poor explanations for the causes of) bruising, scrapes, and broken bones, they may be less likely to notice the subtler psychological signs. Often, this is because the victim is still healing and does not recognize the ways that abuse has changed their own personality. As a reference, consider these non-physical signs of abuse to determine if your child is being victimized by your spouse: 

Domestic violence impacts an estimated one in three women and one in four men experience intimate partner violence. Children are also impacted by domestic violence, regardless of whether they are abused themselves. Still, with one report of abuse being made every 10 seconds, their rate of abuse is just as concerning. 

A restraining order can provide all of these abuse victims with legal protections to keep them safe from their abuser. However, there are minimum requirements that must be met in order to obtain one.

The Legal Definition of Domestic Violence 

Not all hurtful actions are legally defined as domestic violence. Instead, the victim must have experienced:

It is every parent’s worst nightmare: you receive a knock on the door and the Illinois Department of Child and Family Services (DCFS) is there to investigate a call of child abuse and neglect. In order to protect children, DCFS takes reports of suspected child abuse and neglect very seriously and will investigate any credible reports. However, just because DCFS is called does not necessarily mean that there is abuse or neglect taking place. Still, it is their job to investigate credible reports. If you are accused of child abuse or neglect, you should contact a knowledgeable DCFS hearing attorney. 

Definition of Child Abuse

The Illinois Abused and Neglected Child Reporting Act defines child abuse as when a parent, immediate family member, anyone else residing in the house with the child, or any person who is responsible for the welfare of the child inflicts physical injury on a child or allows physical injury to be inflicted on a child. This injury must cause death, disfigurement, loss of a body part, impairment of a body part, or impairment of physical or emotional health. There is a specific exception in the statute for accidents. It is also child abuse to create a substantial risk of these kinds of injuries happening to a child. Child abuse also includes excessive corporal punishment.

It is every parent’s worst nightmare: a knock on the door and an investigation by the Department of Child and Family Services (DCFS) accusing you of child abuse. Even parents that have nothing to hide and have not mistreated their children at all still fear that a wrongful allegation will have ongoing consequences. Hopefully, at the end of the day, the truth will win, but it is important to have some idea of the process to know what you are up against.

Someone Calls DCFS

The Illinois Department of Child and Family Services is the agency that is responsible for investigating claims of child abuse and neglect. DCFS has a hotline that anyone can call to report suspected abuse or neglect of children. There are also people called “mandated reporters”, such as doctors and teachers, that are required by law to inform DCFS if they have any suspicion of child abuse.

Human relationships are complex. Unfortunately, these same relationships can become abusive. Abuse can become more intense if a couple decides to divorce or separate. When this happens, it can be difficult to know what to do in order to protect you and your family. This is particularly true when children are the victims of the abuse. The Illinois Domestic Violence Act (IDVA) specifically forbids a family member or members of the same household from abusing others in their home.

The IDVA defines abuse as:

• Physical abuse;
• Harassment;
• Intimidating a dependent; and/or
• Willful deprivation.

You Can Take Action