How Domestic Violence Impacts Family Law Cases

 Posted on February 14,2023 in Divorce

The Illinois Domestic Violence Act of 1986 defines domestic violence (also known as family violence) as abuse, meaning physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation. Incidents of domestic violence can occur between married or divorced spouses, current or former romantic partners, roommates and housemates, parents and children, extended family members, and divorced or unmarried co-parents.

Orders of protection are common in many domestic violence cases. 

An order of prtotection is a civil court order that prohibts a person from contacting or coming near the petitioner. Any orders of protection or accusations or abuse will be considered in child custody cases.

How Domestic Violence Impacts Child Custody Decisions

A judge will not authorize visitation for a parent whose relationship endangers a child's health. Courts can limit parenting time when a judge believes an abusive parent is likely to abuse or endanger a child during their visitation, use visitation as a chance to harass a person or other party in that household, or act in any manner that endangers the child’s safety or wellbeing.

When a judge does grant parenting timeto a parent with a domestic violence charge, they may set forth certain protections such as ordering that a person’s address remains confidential from another parent, prohibiting another parent from coming to a person’s residence to meet a child for visitation, ordering that visitation occurs at the residence of some other person or at a types of public or private facility, and ordering that abusive parents maintain electronic methods of communication with children rather than visitation.Courts can also order supervised visitation in certain cases to help protect a child and the child's other parent. 

Contact a Naperville, IL Family Law Attorney Today

If you are in the midst of a child dispute complicated by a domestic violence charge, make sure you are getting proper legal help. Do not wait to contact a DuPage County family law attorney at Calabrese Associates, P.C. who can work to protect your interests and understand all of your rights. 

Our Naperville, IL family law attorney has extensive experience helping people all over Illinois protect their relationships with their children. Call 630-393-3111 or contact our family law attorney online today to schedule an appointment.

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59