Raising Allegations of Abuse in a Divorce Case

 Posted on May 27, 2013 in Divorce

If you've been the victim of domestic violence and you're also moving through the proceedings of a divorce trial, it can be complicated to understand how domestic violence impacts the judge. Particularly if you have minor children, getting custody can make it all the more important that you approach raising allegations appropriately with your lawyer. In Illinois, judges tend to rely on factor tests, which allow the judges to weigh the impacts of the domestic violence in determining the best interests of the child. For a long time around the country, judges have been instructed to make final determinations based on what they perceive to be the child's "best interests". A factor test simply means that the judge should "factor in" how domestic violence may be affecting the child.  Judges in Illinois also tend to lean towards joint custody where the situation may fit, which can be dangerous in situations where children are already victims of abuse. Speak to your attorney in depth about the history of the abuse, any documentation regarding it, and how it has affected the children. For example, if their grades have declined as a result of emotional traumas, you might want to obtain copies of their gradecards as well as reports from their teachers to back up your arguments. If the abuse has been documented by a physician or other adult, it will be helpful to have copies of this. Since judges are guided by the best interests of the child, it's important that as much hard evidence as possible is shared about history and patterns of abuse. Before proceeding with a trial or other parts of the process, discuss your strategy with your attorney. You should not go into a custody trial where abuse is alleged without the guidance of an experienced and licensed attorney. Contact your lawyers today to set up a consultation.  

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