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Jeremiah
Jeremiah, Family Law Attorney
Category: Family Law
Satisfied Customers: 12
Experience:  Family Law Attorney
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my female friend lives in rhode island . she has a nine year

Customer Question

my female friend lives in rhode island . she has a nine year old son. she lives in a verbal and sometimes abussive relationship . she needs to leave rhode island with her son asap before something happens to them both .
can she just pick up and leave ?
Submitted: 4 years ago.
Category: Family Law
Expert:  Jeremiah replied 4 years ago.

Jeremiah :

Thank you for the question. I will like to help. I am sorry about your friend's situation. Is she married to this abusive individual?

JACUSTOMER-41x7hdtl- :

no she is not married to him

Jeremiah :

Good, and thank God!

Jeremiah :

She can leave if he consents, which I doubt he will agree to. Or she should seek sole custody of her son, then she will be free to move without his consent, so long as he gets reasonable visitations. In the mean time, would she consider getting a restraining order to protect herself and her boy?

JACUSTOMER-41x7hdtl- :

im sure she will

Jeremiah :

To get a restraining order, she just needs to go to family court and file the petition, explaining why she is in fear of this person. When he has been physically abusive, has she called the police?

Jeremiah :

By the way, is she st

Jeremiah :

Is she sti

Jeremiah :

is she in a relati

JACUSTOMER-41x7hdtl- :

she has in the past . right now he is more verbal then fissical

Jeremiah :

sorry, my computer is acting out.

Jeremiah :

is she still in the relationship?

JACUSTOMER-41x7hdtl- :

she is living under the same roof , but does not have anything to do with him

Jeremiah :

Verbal abuse can change into physical abuse really quickly. It is domestic violence, even if he doesn't hit her. would she consider leaving the home, or legally forcing him out?

JACUSTOMER-41x7hdtl- :

the only place she has to go is here in florida

JACUSTOMER-41x7hdtl- :

she lives in his families basement , so forcing him out would cause major confict

Jeremiah :

I understand. Then she needs to get a restraining order. Then, let him know she is moving to Florida with her son. If there is a restraining order granted, the move to Florida should be simpler. I'm guessing that her support systems are all in Florida?

JACUSTOMER-41x7hdtl- :

yes they are

Jeremiah :

Actually, the restraining order will be counter productive, unless she has a place to move to in RI. Just tell him she is moving, and pack up if he does not fight it. If he looks to be ready for a fight, then she must get an emergency custody hearing, so she can relocate for her safety and her son's safety.

Jeremiah :

Does he abuse her in front

Jeremiah :

of their son?

JACUSTOMER-41x7hdtl- :

verbally i know

Jeremiah :

How is he towards the son?

Jeremiah :

In any event

Jeremiah :

she needs t

Jeremiah :

she needs to leave as soon as she can. I recommend, immediat

Jeremiah :

I recommend she leaves immediately. Just as a reminder, please remember to rate our discussion positively, and contact me whenever necessary. Thank you!