Tag Archive for: Child abuse attorney

Sexual Assault Awareness Month: Why Legal Protection Matters in Family Law

April is Sexual Assault Awareness Month, a time to highlight the often-overlooked connection between divorce and family violence. While ending a marriage is always a complex process, survivors of sexual assault and domestic violence face additional legal and emotional challenges that require protection and advocacy.

Every 68 seconds, an American is sexually assaulted. This alarming statistic emphasizes the need for greater awareness, support systems, and legal safeguards to help survivors. This blog explores the significance of Sexual Assault Awareness Month and the essential role of family law attorneys in helping ensure safety and justice for those navigating divorce in the aftermath of sexual violence. Here’s what you need to know.

The Importance Of Sexual Assault Awareness Month

Sexual Assault Awareness Month (SAAM) is dedicated to educating the public on the impact of sexual violence, dismantling myths surrounding survivors, and providing resources for those in need. This month also serves as a reminder that survivors are not alone—numerous legal, medical, and advocacy resources are available to help them reclaim their lives.

The key goals of SAAM include:

  • Raising Awareness: Through educational campaigns, organizations work to highlight the realities of sexual assault, its psychological effects, and the barriers survivors face.
  • Prevention Efforts: By promoting bystander intervention, consent education, and healthy relationship standards, SAAM seeks to reduce the occurrence of sexual violence.
  • Empowering Survivors: Access to legal resources, medical care, and emotional support is crucial for helping survivors heal and navigate their next steps.

Understanding Sexual Abuse, Assault, and Harassment

Sexual violence is a broad term that encompasses any unwanted sexual contact, including sexual abuse, assault, and harassment. These acts violate a person’s autonomy and dignity, often leaving lasting physical and emotional trauma. Anyone can be a victim, and those who commit acts of sexual abuse, assault, and harassment can exist in any environment. 

Forms of Sexual Violence include:

  • Rape or sexual assault
  • Sexual harassment
  • Sexual abuse
  • Unwanted sexual contact or touching
  • Sexual exploitation and trafficking
  • Exposing one’s genitals or naked body to others without consent
  • Nonconsensual image sharing and/or coercion (including AI-generated imagery)
  • Unwanted sexual advances or actions that occur without consent

Recognizing and addressing sexual violence is essential to helping foster a society where survivors are supported and perpetrators are held accountable. Legal protections, education, and advocacy play critical roles in combatting these offenses and helping ensure that survivors have access to justice and healing.

The Intersect of Domestic Violence And Sexual Abuse

Domestic violence is a broad term that encompasses various forms of abuse inflicted by an intimate partner, including physical, emotional, financial, and sexual abuse. It is used to exert power and control over the victim.

Under the Illinois Domestic Violence Act (IDVA), forms of abuse include:

  • Physical abuse (including sexual assault)
  • Harassment
  • Intimidation of a dependent
  • Interference with personal liberty
  • Willful deprivation
  • Exploitation
  • Stalking

The Impact of Sexual Abuse in Marriage

Sexual abuse within a marriage is an often misunderstood and underreported issue. Many survivors feel trapped due to financial dependence, cultural stigmas, or fear of retaliation. Some victims of marital rape may not even realize that it is a crime in all 50 states, as legal recognition of this form of assault only became widespread in the last few decades. 

If you are experiencing sexual abuse or coercion within your marriage, seeking help is imperative. A family law attorney can provide guidance on obtaining protective orders and ensuring your safety during the divorce process.

Orders Of Protection: A Crucial Legal Tool

When sexual assault or domestic violence is a factor in a divorce, securing an Order of Protection (OOP) can help safeguard survivors from further harm. Orders of Protection can:

  • Prohibit contact between the abuser and the survivor (and any children involved).
  • Restrict the abuser from entering shared residences.
  • Help ensure financial protection, such as spousal and child support.

Obtaining an OOP involves legal proceedings, and survivors must present evidence of abuse. A family law attorney can assist in gathering the necessary documentation and advocate for the survivor’s behalf in court.

If Children Are Involved: Protecting Their Well-Being

Children who witness or experience sexual abuse in a household are at a heightened risk of emotional trauma. When sexual abuse allegations are involved in a divorce case, the court often appoints a Guardian ad Litem (GAL) to investigate the claims and determine the child’s best interests.

If you suspect child sexual abuse, it is critical to:

  1. Seek a medical examination for the child.
  2. Report the abuse to local authorities or child protective services.
  3. Obtain legal representation to navigate parental responsibilities.

Courts take sexual abuse allegations extremely seriously, and working with a family law attorney who understands these cases can be vital in securing the best outcome for you and your child.

How A Family Law Attorney Can Helpdivorce attorney

Navigating divorce while experiencing sexual assault or abuse requires legal advocacy. At Masters Law Group, our attorneys help prioritize your safety, well-being, and rights. Partners Erin E. Masters and Anthony G. Joseph are well-versed in handling high-conflict divorce cases involving abuse and serve as court-appointed Child Representatives. Here’s how we can help:

  • Parenting Time: If you have children, work closely with your attorney to create a parenting plan that prioritizes their well-being. A well-structured arrangement helps ensure stability and supports their best interests.

  • Post-Divorce Disputes: Life changes may require modifications to parental responsibilities, visitation schedules, or support arrangements. Stay connected with your attorney to address any necessary adjustments and ensure compliance with court orders.

  • Orders of Protection: If an order of protection is in place, our attorneys play a critical role in monitoring compliance and addressing violations. Taking swift legal action helps reinforce protections and ensures the safety of survivors and their families.

COMMUNITY RESOURCES FOR SURVIVORS IN ILLINOIS

If you or someone you know has experienced sexual assault or domestic violence, you are not alone. Illinois offers various support services for safety, advocacy, and healing. Whether you need emergency assistance, legal guidance, counseling, or housing support, these organizations are here to help:

Final Thoughts

Sexual Assault Awareness Month serves as an important reminder that survivors deserve safety, justice, and support. Divorce can be a critical step toward freedom, but it requires legal guidance to navigate the complexities of family law. At Masters Law Group, our skilled family law attorneys are here to help navigate the complexities of divorce while prioritizing the well-being of survivors and their families. 

Contact us today to learn how we can help you take the next step toward a secure and empowered future.

FAQ: DIVORCE AND SEXUAL ASSAULT

Can I file for divorce based on sexual assault?
Illinois is a no-fault divorce state, meaning the only recognized ground for divorce is “irreconcilable differences.” Therefore, fault-based grounds like abuse or cruelty are not grounds for divorce in Illinois. While the fact of a divorce will be granted regardless of sexual assault allegations, these allegations can have a significant impact on the terms of your divorce settlement. 

Will my abuser still have parenting rights?
The court will evaluate the best interests of the child, and allegations of sexual abuse may result in supervised visitation or complete termination of parental rights. Our experienced attorneys provide compassionate legal guidance, advocating for protective measures and parenting arrangements and helping prioritize your safety and well-being.

How do I prove sexual abuse in my divorce case?
Gathering medical reports, police reports, witness statements, and text messages can help substantiate claims of abuse. Our attorneys help survivors receive the legal support and resources they need to move forward confidently.

Can I receive financial compensation for the abuse I endured?
Financial outcomes in divorce cases vary based on individual circumstances. Courts may consider factors such as spousal support and the impact of abuse when determining settlements. Masters Law Group recognizes the complexities involved in divorces where sexual assault is a factor. Our attorneys provide legal guidance to help clients navigate the process and understand the legal considerations that may apply to their case.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. If you or someone you know is experiencing sexual assault or domestic violence, seek legal assistance immediately. Contact Masters Law Group to discuss your specific case and explore the legal protections available to you.

Can I Protect my Kids From Emotional Abuse?

Emotional abuse, which is sometimes called psychological abuse, is a pattern of behavior that damages a child’s sense of self worth and negatively impacts their emotional development. Here’s what you can do if you suspect your child is suffering at the hands of a family member.

The holiday season is not the most wonderful time of the year for so many people and families. But for many around the world, it’s a challenging time where family law issues are temporarily swept under the carpet to be dealt with at a later date. Perhaps you have waited to file a divorce or find protective orders until the holidays are over? But when it comes to the wellbeing of your child, you need to take action now. 

Here is everything you need to know about emotional child abuse and how you can take action to protect yourself and your children. 

What is Emotional Abuse?

If you hear a story about abuse of children, specifically when it comes to physical or sexual abuse by parents, it seems inconcievable and anger is most likely your response. You could never imagine what parents could do this to their child, or that this would ever happen in your own home. However, not all signs of abuse are physical. What if parental abuse comes in a different less visible form? What if no one is physically hurt, but there is parental emotional abuse through words and actions? 

The definition of emotional abuse, otherwise known as psychological abuse, is a pattern of behavior that damages a child’s sense of self worth and negatively impacts their emotional development.

Love and support is withheld, and oftentimes the person emotionally abusing the child also may reject, threaten, criticize, demean, and purposefully agitate the child. Abusers may also humiliate the child, participate in name-calling towards the child, and insult the child regularly. Although an emotionally abused child might not end up in the hospital with a broken bone or a concussion, the effects of emotional abuse can be damaging and long-lasting. In 2017, 2.3% of children in the United States experienced psychological or emotional maltreatment according to a report prepared by the Administration on Children, Youth, and Families. However, this estimate is likely low because emotional abuse can be harder to detect than other forms of child abuse and typically takes place in the confines of a child’s home. 

Emotional abuse can be found in conjunction with physical or sexual abuse, and it is also one of the most difficult forms of abuse to recognize. Abuse in all forms is largely due to the need of power and control by the abuser, and emotional abuse is no different. In these abusive environments, the culprit manipulates and controls the child by using words and actions that are emotionally hurtful and damaging.

Identifying Emotional Abuse in Children

Emotional abuse experienced by a child may show certain behaviors that can be telling signs which you should watch out for. This would include:

  • Anxiety
  • Depression
  • Low performance in school
  • Loss of interest in social activities or other interests
  • Avoiding activities involving family bonding
  • Attempts to avoid certain situations (such as going to an activity or another person’s house)
  • Stunted development of emotions
  • Desire to self harm or inflict harm on others
  • Desperately seeking affection and attention from other adults
  • Regression of childhood development (a common example of this is bed wetting after previously mastering bladder and bowel control)
  • Complaining of stomach aches or other bodily symptoms with no known cause

While this behavior does not directly equate to a child experiencing psychological abuse, one or several of these behavioral symptoms can be a sign that there is protection needed for your child. Any signs of this behavior in children could be grounds for requesting an Order of Protection due to harassment or willful deprivation. 

Emotional Abuse Treatment

In the past, emotional and psychological abuse were not readily recognized in the eyes of the law. In today’s times, emotional abuse is often considered a major factor in family law cases and is reviewed closely in child abuse matters. In cases involving certain offenses, an individual should immediately seek out the assistance of an experienced family law attorney in your area, who can assist with reporting emotional abuse or protection for themselves or loved ones.

Priority number one is always to ensure the safety of the child, of course. If your child is being emotionally abused, there are several steps that can be taken to mitigate the risk of the situation at hand prior to legal help. The perpetrator of the abuse may need to go through treatment for their behavior, especially if the abuser is a parent of the child. Treatment can come in several different forms, which could include parenting classes, therapy individually or as a family, and even social services can be involved.

In addition to treatment for the abuser, the child experiencing the abuse will also most likely require medical attention. Those receiving the abuse and the repercussions may also benefit from therapy, either individually or with their family. Once they have the opportunity to process the emotional trauma, they are also aware of healthy coping mechanisms and how to resolve conflict in a healthier way.

If the abuse can’t be treated from these standpoints, and it needs to be escalated to legal assistance, Masters Law Group is here to help you with divorce consultation or an issuance of Order of Protection in the state of Illinois.

Emotional Abuse Protection

If you’re a parent and think your child is being emotionally abused by someone else—such as an ex, a teacher, a pastor, or coach—take steps to intervene.

Encourage the child in your life to contact the Child Helpline if they need some extra support to cope with what has been happening. They may find talking to somebody outside of the situation helpful. You could also try calling the National Parent Helpline in your state to discuss your concerns.

While all forms of abuse can feel like a never-ending hopeless situation, Masters Law Group is here to help you see a light at the end of the tunnel. We provide an array of family law services including Orders of Protection and divorce services for our clients. Our highly experienced family law attorneys offer skillful legal representation that will guide you through to safety for your children and yourself.

Get in touch with us here today to discuss and execute the best plan of action for you and your family.