While it is understandable that few people would prefer to live near neighbors who are constantly being visited by the police, recently passed legislation limits the application of so-called “nuisance-property” ordinances when the situation involves domestic violence. The law is being touted by the American Civil Liberties Union (ACLU) as a step in the right direction toward protecting the rights of domestic violence victims.

Nuisance Properties

Over the last several years, cities and municipalities in Illinois and around the country have enacted local ordinances to combat crime and to promote neighborhood responsibility. These laws, in general, hold a landlord responsible, to an extent, for the behavior of his or her tenants, and the property owner may be subject to fines and penalties if the property becomes a nuisance. In response, landlords have begun evicting tenants if the police are called to a particular home too often. While such actions may seem reasonable in the fight against illegal drug activity, for example, it has also led to victims of domestic violence being evicted simply for calling for help.

It can be extremely difficult to get an abusive spouse to leave your family home. You will need to file a motion with the court to have it exercise its right to order your spouse to leave. This right is known as “equitable jurisdiction.”  Under equitable jurisdiction, the court may, when necessary, take action that it normally would not take to protect an individual or uphold justice.

In a case where you or your child are being abused, you will need to prove to the court that the abuse occurred to have your spouse removed from your home. This, however, can often be difficult. If it is safe to do so, document all instances of abuse in any way possible. You may wish to provide witness testimony, photographs of injuries, or recordings of verbal threats.

You cannot kick your spouse out of your home without court intervention. Your home is shared property and your spouse has the same legal right to remain in the home as you have. Do not, under any circumstance, fraudulently accuse your spouse of abuse in an effort to have him or her removed from your home – if such action is discovered, it can have a negative impact on your divorce proceeding. If you are in immediate danger, get yourself out as soon as possible and get to a safe place. Once you are safe, contact a divorce attorney to discuss your options for removing your spouse from the home.

Domestic violence in the U.S. is at epidemic proportions. Every year, at least 1,200 women are killed in acts of domestic abuse and another 320,000 arrive at emergency rooms or a doctors offices with injuries caused by an intimate partner. It is estimated that domestic violence cost $8.3 billion annually just on medical and mental health services alone.

In a recent study, one in five men admitted to incidents of domestic violence against their spouse or intimate partner. The study also discovered that there are certain medical issues that may serve as warning signs that a patient may have a propensity towards domestic abuse.

The study was conducted by the University of Michigan and included 530 male participants from the National Comorbidity Survey-Replication of 2001-2003. The average age of the men was 42 years old. Approximately 75 percent of the men were classified as non-Hispanic white. Almost 60 percent of participants had extended their education beyond high school and 84 percent of the men were employed.

Studies have linked substance abuse to domestic violence, and this type of abuse can lead to an increase in the divorce rate, as many victims of domestic violence leave their spouses. However, a new study surprisingly revealed a decrease in domestic violence for spouses who frequently use marijuana.

The study was conducted by researchers from Rutgers University, the University of Buffalo and Yale University. The goal of the survey was to measure how marijuana use affected rates of intimate partner violence (IPV). For the purpose of the study, the research team identified hitting, slapping, choking, and beating as intimate partner violence.

The study measured the frequency of marijuana use by asking participants how often they used the drug in the previous year. Included in the answers that fell into the classification of marijuana were grass, pot, reefer, weed, hash and hash oil. Survey participants were also required to share details of any other drugs they may have used, including alcohol.

Domestic violence is a large problem in our society today. According to Illinois State Police, a woman in the United States is beaten every 15 seconds. Victims of domestic abuse sometimes feel that there is no hope for their situations, but that is not the case. Fortunately, there are ways to end the destructive cycle of domestic violence, the most effective being an Order of Protection.

An Order of Protection is a legal order from a judge that contains ‘remedies” that order an abuser to take certain actions or prohibit an abuser from taking certain actions. If the abuser fails to follow the remedies, or carries out a prohibited act, he or she may be arrested.

There are three basic types of Orders of Protection. The first and least temporary of the three is known as an Emergency Order. These can be obtained based solely on a testimony to a judge. The judge is permitted to grant this order even without prior notice to the abuser or the abuser being present in court if it is apparent that you will be subject to more abuse if he or she is notified. These orders typically only last 14 to 21 days.

The next type of order is referred to as an Interim Order of Protection. These are a bit more permanent than the Emergency orders, lasting up to 30 days. A full court hearing is not necessary in order to be granted an Interim Order. However, it is true that the abuser must be given notification of the date of your court hearing. These orders are typically used during the time after an Emergency Order expires, before your full court hearing for a Plenary Order occurs.