Family Law Questions? Ask a Family Lawyer Online.
Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your family law problem today.
I'm very sorry to hear about your situation. When you say "What can be done?", are you asking how to file for divorce yourself? Or, are you looking for something else? Thanks!
My husband is absent from home now with our son, I have the daughter(4 yr/3yr) I do nbot know legally what action I can take to make him leave the home. am afraid to be here with children as he has continued the abuse since our children were born. He explained that he tokk the car keys and credit cards to protect himself. We are at the crisis level.
Okay, I understand. To make him leave the home, you would have to have a Judge issue a protective order. This could happen in one of two ways. If he has threatened or assaulted you or the children, you could file a criminal charge against him. The Judge would issue a no contact order which would keep him away from you. Another option is to file for a protective order in civil court which would accomplish the same thing.
can that be done immediately ? does a lawyer need to do this? He threatened yestrerday and acted today to control the situation as he sees it. no physical assault to person only punched hole in bathroom door in the past.
Punching a hole in the bathroom won't be enough. He would have had to have assaulted you or threatened your life. No, you don't need an attorney, you can file for protection yourself.
does it take effect with the filing or does it take time?His abuse is to the spirit, mind amd soul.
Unfortunately, that type of abuse will not be enough for an order of protection. If he is abusing you that way, you need to consider divorce. At this point however, there is nothing immediate you can do.
are you there.
Yes, I'm here. Do you have another question?
sorry i did not see your anser. so im otherwords even if he is yelling at me with malice calling the police would not help?
No, that would not help unless he is putting you in immediate fear of your life.
divorce is a given.
If divorce is a given, I suggest you start talking to a local family law attorney as soon as possible.
do you know the legal ramifications of his taking the keys (house and car)and credit cards from my purse?
does he have to return them to me?
There really aren't any legal ramifications. They are technically "yours", but these things don't have monetary value in and of themselves so there is no way to charge him with "theft". There really won't be any way you can force him to return them until you file for divorce.
can you tell that I am desprate and need to protect myself and children. When my husband returns home it is going to be terrible.
what can I do I do not have a lawyer. We have been seeking
counsuling but to no avail. I can not continue this way.
Yes, I understand. I wish there was some way I could help you. If you are worried about when he comes home, take the children and go visit friends or family until you figure out the situation. There is no reason to stay and participate in a volatile argument/fight. You should contact your local legal aid office to find out if there is a low cost attorney you can hire.
The main concern should be getting the children out and to safety.
Once you're safe, start thinking about talking to an attorney.
One child is with him. and I do not have family or friends to rely on near by.all 15 hours or 10 away even flying
Go to a local church or shelter then. Or, you can go to your local police department. They can help you find somewhere to stay for now.
If I take the children to safety can this be construed as kidnapping or depriving him of access to his children. will there be detrimental repercussions?he is vindictive.
No. I would not suggest that you do it if it would be detrimental.
stay with me I am trying to think of everything I can and am a bit emotional right now.
I've got about 15 mins before I need to run out of the office but I'm happy to answer any follow up questions that you may have. Unfortunately I'm not sure there is much else that I can help you with. It sounds like you need to get out of there and then start talking about divorce.
But I'm here for now. :)
do you know of any questions that I should ask and am not?
No, I believe we have covered anything. You need to protect your children first, which most likely means getting out of the house for now. Local churches always take in people that need help. After you do that, you need to start thinking about getting low cost legal help. Churches can also subsidize that some of the time.
You can always come back to this thread to ask questions as well.
Even after we end this.
how do I do that ? save and exit?
No. Once we are finished, you hit the rate button (and hopefully rate me highly :) and then just come back to the thread when you have questions.
If I can answer anything further, let me know. Remember, I'm here to help and your satisfaction is guaranteed. If you don't have any questions and you valued my time, I'd ask you to consider rating me positively. Take care,Michael
Is there a new charge if I do?Yes, you have done well..thank you
There is no charge for follow up questions. :)
God does move in mysterious ways! Thank you
I wish you the best!
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