Despite the recent media attention to domestic violence – some examples include National Football League player Ray Rice and pop star Chris Brown – a large number of incidents still go unreported. So, there are very few reliable statistics in this area. What is known is that domestic violence accounted for 20% of all violent crime in the last decade.
Domestic violence accusations are among the most explosive allegations in a divorce or child custody proceeding. They have a tremendous impact on the alleged victim, alleged abuser, and minor children. In a nutshell, domestic violence transforms what could have been a reasonably amicable proceeding into one that is highly confrontational, both inside and outside the courtroom.
The hearings are tense, and it is almost impossible for the soon-to-be ex-spouses to cooperate. In previous posts we discussed options for victims in terms of protective orders. Many of these same issues are present in the related family law proceeding, be it divorce, child custody, child support, or modification.
Evidentiary Matters
Civil court is different from criminal court in many respects, and perhaps the most salient distinction is the burden of proof. In criminal court, the prosecutor must prove that a defendant is guilty of domestic violence beyond any reasonable doubt. But in civil court, the standard is preponderance of the evidence, or “more likely than not.”
Therefore, the alleged victim’s own testimony, if it is credible, is often enough to establish domestic violence. Some other methods include:
- Police Reports: Even if the officer does not testify, the report itself may be admissible under the excited utterance exception to the hearsay rule.
- Medical Records: In like manner, hospital reports may be admissible as business records, eliminating the need for live testimony.
- School Records: This area is somewhat murkier, but many of the same rules may still apply.
These tactics have at least this in common: they may not require the participation of a live witness. That can be an advantage when gathering evidence because many individuals do not want to “get involved,” generally out of loyalty to a party or fear of retaliation.
Possible Outcomes
Termination of parental rights is not an option except in extreme situations, such as incarceration for felony domestic violence, because Illinois law values any contact between parent and child. That being said, most judges are quick to protect alleged victims, whether they are adults or children. Some common outcomes include:
- Supervised Visitation: Meetings between parent and child could take place at the home of a trusted relative or at a specially-designed visitation center.
- Limited Contact: Instead of overnight or weekend visitation, a judge may approve a few hours or perhaps an afternoon.
- Public Exchange: To eliminate private contact between the adults, the children can be exchanged at a park or restaurant.
A subsequent motion to modify based on changed circumstances, such as the alleged abuser’s completion of alcohol treatment, may be able to lift these restrictions.
Attorneys Who Help Keep Children Safe
Domestic violence has a lasting impact on co-parenting plans. For a confidential consultation with attorneys who put family safety first, contact the Schaumburg lawyers at Glasgow & Olsson. We routinely represent clients throughout Cook County and nearby jurisdictions.