What to Do if Your Spouse Threatened Violence After You Mentioned Getting a Divorce

 Posted on April 05, 2023 in Divorce

There is no denying that discussing divorce with your spouse can be a high-stress and often contentious conversation. Unfortunately, in some cases, this discussion can escalate into threats of violence. If you find yourself in this situation, it is crucial to prioritize your safety and take appropriate legal action. Today, we will outline several steps if your spouse threatens violence after you mention divorce. As you navigate this emotional time, an experienced family law attorney can be highly beneficial as you work to ensure your safety while ensuring your rights are protected and that you understand your legal options moving forward.

Step #1 – Ensure Your Immediate Safety

If you are in immediate danger or fear for your safety, call 911. Law enforcement officers are trained to handle domestic violence situations and can help protect you from harm.

If you are not in immediate danger but still feel threatened, consider leaving your home temporarily and staying with a friend or family member or at a domestic violence shelter. Ensure you have a safety plan, including packing essential items and important documents and having an escape route in mind.

Step #2 – Secure an Order of Protection 

An order of protection can provide legal protection against an abusive spouse. You must file a petition with your local court to obtain a protective order. The court will require evidence of the threats made by your spouse and may also consider any history of violence or abuse. If the judge believes you are in immediate danger, they may issue an emergency order of protection that lasts up to 21 days. A hearing will then be scheduled where you and your spouse can present evidence and testimony before the judge decides whether to issue a permanent protective order. 

Step #3 – Consult with a Family Law Attorney

Navigating the legal divorce process can be challenging, especially when dealing with a violent spouse. As stated at the outset, a family law attorney can help you understand your rights and guide you through the divorce process. They can also assist with securing a protective order and ensure that your safety concerns are addressed in custody or visitation arrangements. 

Step #4 – Document All Incidents

Documenting all incidents of threats or violence from your spouse is essential. This documentation can be used as evidence in court and may help obtain a protective order or influence the outcome of custody and visitation decisions. Keep a detailed journal of all incidents, including dates, times, locations, and any witnesses. Also, save any text messages, emails, or voicemails containing threats or evidence of violence.

Contact an Arlington Heights Family Law Attorney

If your spouse threatened violence after you mentioned divorce, it is crucial that you prioritize your safety, seek legal protection, and consult with a family law attorney. The qualified Arlington Heights, IL family law lawyers at A. Traub & Associates are committed to protecting their client's well-being during this difficult time. Call 847-749-4182 for a private consultation.

Source - https://www.thehotline.org