Could the Spike in Domestic Violence Deaths Affect Divorce?

 Posted on August 08,2024 in Divorce

Across the state of Illinois, the number of domestic violence deaths in 2023 spiked by 110 percent. This unprecedented increase in the number of deaths resulting from domestic violence added to calls for the passage of Karina’s Bill. Although the report—compiled by the Illinois Coalition Against Domestic Violence—is usually released in October, the results were so alarming it was released on July 24, 2024.

Shockingly, domestic violence is a factor in almost a quarter of all divorces. High-conflict divorces involve hostility, heated arguments, and actions meant to cause the other spouse financial, physical, or emotional harm. It is crucial in these situations to have an experienced Will County, IL high-conflict divorce attorney to help you through the process. Your knowledgeable attorney from Law Office of Ronald L. Hendrix, P.C. will understand how to deal with a domestic abuser as well as a narcissistic spouse and many other potentially difficult situations.  

More Findings from the Coalition’s Report

Additional statistics from the recently released report included:

• In 2023, across the state of Illinois, there were 94 incidents of domestic violence, leading to 120 deaths.
•  Of those deaths, 107 were homicides, while 13 were suicides committed by the alleged abuser.
• About half of those killed in these violent incidents were intimate partners of the attacker, while the others were relatives or children of the victim.
•  Of those 120 deaths, a firearm was used in 68 percent.  
• In 2022, there were 45 incidents of domestic violence that led to 57 deaths.
• Firearms were used in 49 percent of the deaths in 2022.

What is Katrina’s Bill?

Named for a victim of domestic violence, Karina’s Bill would require police officers to remove firearms when serving a court-ordered order of protection. The victim and her 15-year-old daughter were fatally shot by the victim’s husband in July 2023—just weeks after she informed police of her husband’s threatening behaviors.

Although victims of domestic violence who seek an order of protection can request that the abuser’s firearms be removed, enforcement is generally inconsistent. Illinois lawmakers say they do not want to implement Karina’s Bill until the U.S. Supreme Court rules on a case that involves domestic violence and firearms.

How Does Domestic Violence Affect Divorce?

If you are divorcing a spouse who has a history of domestic violence—whether physical, emotional, or financial—you will face unique concerns. Illinois eliminated "fault" divorce in 2016, so a no-fault divorce is the only option. This can be a good thing in that few abusers want their abusive history on display before a judge, and this choice can trigger more violence. It can also potentially be negative in that child custody and asset division decisions may not factor in a long history of abuse.

If you can show that the abuse you suffered throughout your marriage affected your ability to become self-supporting, then this could change the outcome of a spousal support award and the marital asset division. Illinois is an equitable distribution state, meaning marital assets are divided fairly, although not necessarily equally.  

You can request a protection order from the court during the divorce for an abusive spouse. If your concerns regarding seeing your spouse during a hearing are significant, tell your lawyer. He or she can then talk to the court clerk so arrangements can be made that avoid the necessity of being in the same room with your abuser.  

Concerning child custody, the best interests of the child are always the overriding concern of the court. Some of the factors used by the judge to determine the best interests of the child include each parent’s mental and physical health and the child’s history with each parent. If the child consistently witnessed—or was a victim—of domestic violence, this will factor into the custody decision.

Contact a DuPage County, IL High-Conflict Divorce Attorney

High-conflict divorces require a divorce attorney with above-average experience and skills. These include the ability to successfully negotiate throughout a difficult situation, the ability to navigate aggressive personalities and act as a buffer between the spouses, and the ability to tailor a divorce agreement to the unique circumstances, anticipating and addressing potential conflicts. When you choose a Naperville, IL high-conflict divorce attorney from Law Office of Ronald L. Hendrix, P.C., you will get all this and more. Attorney Hendrix is a court-appointed mediator with a master’s degree in guidance and counseling. Contact Law Office of Ronald L. Hendrix, P.C. at 630-355-7776 to schedule your free initial consultation.