Domestic Violence: Get Out and Get Help

 Posted on May 20, 2015 in Divorce

Domestic violence is just one of the many reasons why a couple may choose to divorce. Unlike other potential grounds for divorce, such as infidelity or incompatible personalities, domestic violence can be deadly.

Domestic violence is defined as any use of force or coercion to control one's intimate partner or other member of the household. It may be expressed physically, emotionally, financially, or sexually, and is often incorporated into a cycle known as the cycle of violence. The cycle of violence follows this pattern in nearly all relationships where domestic violence is present:

• Abuse occurs;
• The offender apologizes profusely to his or her victim, sometimes offering gifts and always assuring him or her that the abuse will never happen again;
• Small instances of conflict occur and the victim feels afraid and without control of the situation; and
• Abuse occurs again.

At all points in the cycle of violence, both partners deny that abuse is occurring by making excuses for the behavior. This is often fairly easy because the victim is isolated from his or her friends and family.

If you recognize the above pattern in your relationship, get out now. Call the National Domestic Violence Hotline at 1-800-779-7233 and get yourself to a safe place. The next step is to contact an experienced divorce attorney to discuss your options for seeking an order of protection against your abuser, and if you are married, a divorce.

Seeking an Order of Protection

An order of protection is a court order that requires one individual to completely avoid another. This means no physical or electronic communication between the parties is allowed, and if the individual against whom the order is filed violates this order, he or she may face criminal penalties.

Any individual who is a victim of domestic violence or reasonably feels he or she may become one may file for an order of protection with the circuit court of the county where he or she lives, the county where the abuser lives, or the county where the abuse occurred.

If you are in immediate danger, you may seek an emergency order of protection from the court. Your former partner does not need to be present for you to receive this type of order, but the order does expire. For long-term protection from your abuser, you will need to file for a plenary order of protection, which is valid for up to two years. Both parties must be present when this type of order is granted, and both parties have the opportunity to present their claims to the judge, who will decide whether such an order is appropriate.

Divorce Attorneys in Kane County

Goostree Law Group proudly serves clients in Kane County by providing top quality legal representation and advice. If you have recently left a violent relationship, contact our experienced Kane County divorce attorneys to begin working on your case. We will provide you with the compassionate support and legal assistance that you need to move past this relationship and toward a better future.