Divorce & Domestic Violence in Illinois: Getting Out Safely
If you are experiencing domestic violence, your safety and your children's safety come first. Illinois provides legal protections including protective orders, priority court hearings, and custody presumptions against abusers. While Illinois is a no-fault state, documenting domestic violence is critical because it directly affects custody, support, and property division. This guide covers safety planning, legal protections, and how domestic violence affects every aspect of your divorce.
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If you are in immediate danger, call 911. Our AI advisor can help you understand your legal protections and options in Illinois.
Talk to AI AdvisorImmediate Safety Resources
If you are in immediate danger, call 911.
- ✓National Domestic Violence Hotline: 1-800-799-7233 (24/7, confidential)
- ✓Text START to 88788 for the text line
- ✓National Sexual Assault Hotline: 1-800-656-4673
- ✓Illinois state DV coalition: search "Illinois domestic violence hotline" for your local number
- ✓Online chat available at thehotline.org (use private/incognito browsing)
Creating a Safety Plan
Identify safe places
Know where you can go at any hour: a friend or family member's home, a domestic violence shelter, or a hotel. Keep the location private from your abuser.
Prepare a go-bag
Pack essentials and keep them hidden or at a trusted person's home: identification (driver's license, passport, birth certificates for you and children), medications, cash, phone charger, a change of clothes, and important financial documents.
Secure important documents
Make copies of: marriage certificate, children's birth certificates, Social Security cards, bank and credit card statements, mortgage or lease, insurance policies, tax returns, protective orders. Store copies outside the home.
Establish a code word
Choose a word or phrase to use with trusted people that signals you need help immediately.
Plan your technology safety
Your abuser may monitor your phone, email, or location. Use a new email account on a device they do not have access to. Turn off location sharing. Consider getting a prepaid phone. Clear your browser history or use incognito mode.
Open a private bank account
If possible, open a bank account in your name only at a different bank. Slowly set aside emergency funds. Redirect statements to a trusted address or go paperless.
Types of Protective Orders
Emergency protective order (EPO)
Issued immediately, often by police at the scene of an incident. Lasts 5-7 days. No court hearing required. Provides temporary protection while you seek a longer-term order.
Temporary restraining order (TRO)
Issued by a judge, usually the same day you apply. Lasts 2-4 weeks until a full hearing. Your abuser receives notice and can attend the hearing to contest it.
Permanent protective order
Issued after a full hearing where both parties present evidence. Despite the name, these typically last 1-5 years and can be renewed. Violations are criminal offenses.
What a protective order can include
No-contact provisions, stay-away orders (home, workplace, school), temporary custody of children, exclusive use of the family home, order to surrender firearms, prohibition on destroying property or canceling insurance.
How Domestic Violence Affects Your Divorce
Custody
Courts take DV extremely seriously in custody decisions. Many states, including Illinois, create a presumption against awarding custody to a parent who has committed domestic violence. The abuser may be limited to supervised visitation.
Property division
Judges may award a larger share of property to the DV victim, especially if the abuse caused economic harm (preventing work, controlling finances, destroying property). In Illinois's equitable distribution system, DV is a factor the judge considers.
Spousal maintenance
DV victims are more likely to receive spousal maintenance and may receive it for a longer duration. The abuser's behavior is a factor in the court's analysis.
Attorney fees
Courts can order the abusive spouse to pay the victim's attorney fees, especially when the abuse created a financial power imbalance.
Fast-tracked proceedings
Even in no-fault Illinois, DV cases receive priority scheduling and expedited hearing dates.
Documenting Abuse
- ✓Take photographs of any injuries, damaged property, or threatening messages as soon as it is safe to do so
- ✓Save all text messages, emails, voicemails, and social media messages that contain threats, harassment, or admissions
- ✓File police reports for every incident, even if you are not sure you want to press charges. Reports create a documented pattern
- ✓Seek medical treatment and tell the provider the injuries were caused by your spouse. Medical records are powerful evidence
- ✓Keep a written journal of incidents: date, time, what happened, any witnesses, how you felt. Store it securely outside the home
- ✓Tell trusted friends, family, neighbors, or coworkers about the abuse. Their testimony corroborates your account
- ✓If your children witnessed incidents, note their presence. Courts consider the impact of witnessed abuse on children
- ✓Save screenshots of location tracking, spyware, or monitoring apps you discover on your devices
Every situation is different
You do not have to navigate this alone. Share your situation with our AI advisor to understand your options for protection and divorce in Illinois.
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Legal Disclaimer: This article covers Illinois divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a licensed Illinois family law attorney for advice specific to your situation.