How Can I  Divorce My Partner as a Domestic Violence Survivor? 

 Posted on August 30, 2023 in Divorce

Domestic violence is a very serious crime but can be especially hurtful when it comes from a partner. Often, the abused partners turn to divorce to secure their safety or the well-being of their children. No matter what, the safety of you and your children comes first. 

If you are in immediate danger, seek the aid of law enforcement or a domestic violence shelter. Once you are in a safe location, you can start with the divorce process. There are several measures you can take to protect yourself. Having the professional guidance of a divorce attorney is always ideal and can help you reduce all risks and concerns involved.

Can I File a Restraining Order Against My Partner?

The laws of Illinois protect domestic violence survivors. You can always file an Order of Protection while filing for divorce. The protection order limits your partner's contact with you and your children. The order also allows you to maintain everyone’s safety and privacy. Once you relocate to a safe area, change your contact information for added security. A divorce attorney who has experience working with victims of domestic violence can help you apply for an Order of Protection and start the divorce process. 

How Will Child Custody Be Handled?

Your kids are your top priority in a divorce, but the importance is even more dire in the face of domestic violence. Luckily, in Illinois, the child's best interest is always prioritized. If you can prove that your abusive ex-partner jeopardizes your child's safety and well-being, you can request sole custody. Your divorce attorney can help you develop a compelling argument for this. 

How Do I Gather Evidence?

Divorcing your partner is not an easy task. If abuse is involved, things are more complicated. Gathering proof to present at court will help support your claims for your divorce or filing an order of protection. If possible, be sure to document each episode of abuse to have a sufficient amount of evidence. Evidence of abuse can be: 

• Any relevant reports 

• Texts/emails

• Contact information from witnesses

• Pictures

• Medical information 

This information can also support you in filing child custody against your partner. 

Contact a Wheaton, IL Divorce Attorney

A skilled divorce attorney is familiar with the intricacies of divorce and gives you guidance toward divorcing your abusive partner. They will ensure you understand your legal rights and the best course of action for your situation. You are not alone, and we are here to help. Our DuPage County, IL, divorce attorney at Fawell & Fawell can support you. You can call us today at 630-871-2400 to schedule your free initial consultation.