This is Dial-Law with information on spouse abuse which describes legal remedies available for physical abuse that takes place in a marriage or live-in relationship. All of the information applies to Illinois law only. If you are not a resident of Illinois, we suggest you contact your local county bar association.

A spouse of live-in partner does not have a right to hit, beat or injure the other partner. Illinois now has a law called the Illinois Domestic Violence Act which recognizes domestic violence as a serious crime. It creates a new legal remedy for victims of domestic violence, called an Order of Protection.

If you are abused by your spouse or live-in partner, you can call the police and ask them to arrest him, or you can go to the police station and file charges against him. This means that your spouse or live-in partner may be prosecuted for a crime such as assault or battery. You must follow through with the charges and when you go to court, tell the State's Attorney who will be representing you at that time that you want an Order of Protection.

If you are filing for divorce and your spouse has harmed or threatened to harm you or your children, tell your attorney. You can get an Order of Protection as part of a divorce proceeding. A divorce judge can order your spouse to stop harassing or harming you and your children. The judge can also order your spouse to leave or stay away from the marital home and can award you temporary custody of your children under the right circumstances. For additional information about grounds for Dissolution of Marriage and other information refer to Dial-Law #3 and #4.

Even if you are not getting a divorce, you can ask a civil court judge for Order of Protection. To do this, you will have to file a petition for an Order of Protection, serve your spouse or live-in partner with a copy and a summons and have a hearing before a judge.

If you have an Order of Protection and your spouse or live-in partner disobeys it, call the police. If there is proof of a violation of an Order of Protection, they should arrest the abuser for a misdemeanor.