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LawTalk, Lawyer
Category: Criminal Law
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Experience:  30 years legal experience
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My wife is currently being held in a mental facility due to

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My wife is currently being held in a mental facility due to her assaulting me and pulling a knife on me. I have our 2 year old child currently and feel like I need to protect him from her. She has strange beliefs such as my father and I poisoning her, trying to murder her, numerous accusations of affairs, paying police and government officials off, etc. When she pulled a knife on me she was holding my child in her arms. If she gets out of the mental facility, there will be an arrest warrant in place and an EPO issued. In talking to the DA's office it seems as though there might be a chance that the protective order will not include my son. What can I do? Should I involve CPS? Ive heard so many nightmare stories about CPS that I am reluctant.
Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

When she came at you with the knife, you were also holding your baby. The baby was as much endangered as he would have been had she fires a gun at you while you were holding the baby.

Getting CPS involved at this point will do little but add confusion the mix, and possibly result in the baby being removed form both of you while CPS sorts this all out.

You have a good, solid basis to get a Temporary restraining order for both you and your child against your wife.

And while the fire is hot, you really need to consider filing for divorce and immediately asking for full custody of your child with, at most, supervised visitation for your wife---at least until she has received help, anger management classes and is deemed safe to be around your child by a competent psychiatrist.

So, petition the court for a criminal protective order for both you and your child---regardless of what the DA might seek in criminal court. Here is the packet you can use to do this in Texas:

Also consider filing for a Temporary Restraining Order for you and your child, in the divorce case as soon as you get it on file. This is different from the criminal protective order.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Customer: replied 3 years ago.

She was holding the baby as she pulled a knife out on me.

Good afternoon Daniel,

Well, that is not quite as dramatic, but the child still could have been gravely injured or killed as your wife attacked you and you protected yourself---and I still believe that it is a firm basis for the family law court judge to grant you the TRO. The fact of the matter is that she endangered the life of your child. That, in and of itself, is a crime.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

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