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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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My husband is in the Army and we live off base. last night

Resolved Question:

My husband is in the Army and we live off base. last night he got drunk and hit my child in the head. My child has Asbergers, Eplipsy and Sever Migraine disorder and my husband has already been advised he can never hit him in the head as it could kill him. Also a day earlier he drove over train tracks when the red warning lights were flashing.........I reported this to the military.

Then the next day his supervisor came to our hose and had my husband pack up and move back to the barraacks for 4 days. One witness that was at my home at that time told the Supervisor what happened and that my child peed himself out of fear . My husband did text message a couple of time but now its been 24 hours with no contact.

Do I need to file charges on my end and/or what will the Military do to him for punishment.
Submitted: 5 years ago.
Category: Family Law
Expert:  Ellen replied 5 years ago.

So sorry that you and your child are in this unfortunate position.

I am a lawyer with 25 years experience. While I am permitted to provide you with legal information, I am prohibited by and various state bar associations from giving legal advice, representing you or entering into an attorney-client relationship through this open and nonconfidential forum.

You may consider obtaining a temporary restraining order (TRO) based on fear of physical harm to your child. Based on your post there is little doubt that the judge would grant a the restraining order.

You will need to go to the local courthouse to obtain the TRO. The clerk will give you the forms and assist you. The judge will immediately sign the TRO if the forms on their face appear that you are in reasonable fear of harm to your child. The filing fee for the TRO may be waived based on need.

The state issued restraining order will prevent your husband from returning to the house and from contacting your child regardless of any military action that may or may not be taken

Customer: replied 5 years ago.

Its now Saturday so I would have to wait until Monday to do that. Is is safe to assume the Military will keep him at the barracks till then?

Expert:  Ellen replied 5 years ago.
No it is not. You can call the police and file a police report since this just occurred last night. You should also take your child for an immediate medical checkup to further document the incident
Ellen and 2 other Family Law Specialists are ready to help you

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