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FamilyAnswer, Lawyer
Category: Family Law
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Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My husband and I have been married for almost 11 years we have

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My husband and I have been married for almost 11 years we have 4 children and recently he's been diagnosed with ADD and Bipolar disorder. He's being treated and I think the treatments are making it worse not better. we went to a gathering on Sunday and he drank quite a bit and then when we got home he proceeded to attack me and beat me up it's the first time he's done this. but he went to bed and says he blacked out and he peed the bed and woke up in the morning and says he doesn't remember the incident. but i'm at a loss I don't know what to do, I don't want to report it and see him go to jail but he really hurt me and I was scared for my life, I don't want it to happen again and if I do leave him I don't want him alone with the kids.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

I am sorry to hear about your situation and understand what you are going through. If you were to leave him out of fear for the safety of yourself and the children, you could take the children with you and not be worried about leaving the kids alone with him. All of you would and could go to a secure place, to avoid the danger. You are right, in that if you do contact the police and file a report, that he would be arrested and could be charged, resulting in jail or probation. The decision to report this is entirely up to you. Moreover, you do have the decision and discretion to advise his doctor, who is treating him, about what happened. If they are made aware of the situation, they could consider alternatives or adjust his medication, if he is on any. You should not live in fear and be scared for you life and if you are, should strongly consider reporting this and leaving the home with the children. This could happen again and it could get worse.

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Customer: replied 4 years ago.
BUt if I do leave him wouldn't he get visitation and I'd have to let him be alone with the kids ?
Only if ordered by the court. In a situation like this, you need to act in the best interest of the children. If you were to leave, you would not have any obligation to allow visitation or let them be alone with him, unless ordered by the court. For this to happen, he would need to file a motion with the court, for visitation/custody, if you were separated and/or if you filed for divorce, this is something which would be addressed. Moreover, if he were to seek an order from the court, you could inform the Judge of this and may order supervised visitation, parenting classes or for him to undergo a mental evaluation, to make sure he is able to be around the children and not be a threat/harm to them.
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