i had a fight with my wife because of too much interference from my in laws ,they forced her to file a police complaint against me which resulted in arrest and restraining order.im willing to divorce her and give her all my business but just want to resolve this issue so that i can see my kids.please advice my course of action.
Country relating to Question: United States
State (if USA): New York
Good evening! I can help you out with your legal question tonight. I'm so sorry about your situation. The best advice I can give you is to try and remain on good terms with your wife. The law favors you seeing your kids and coparenting with your ex.
The court will want to act in the best interests of the children. So as long as you can get along with your wife and aren't abusive or a felon, you should be able to get joint physical custody with your wife. Try and get your wife to agree to a division of assets and a visitation schedule.
The more you two can agree on, the easier, cleaner and cheaper the divorce will be.
i have a court date on the 20th of this month but how can i get in touch or explain my wife to keep things simple n resolve peacefully.can my relatives talk to her and visit my kids at home
They are still your kids, so you are just as entitled to see them as she is. Yes, your relatives can talk to her and visit your kids at your home. It is still your home, you have every right to stay in it.
Just because she says to get out, if your name is XX XXX deed, then it is your house and she has no right to exclude you from the home.
on my first court appearance,i was told to stay 100 feets away from wife n kids.i want to prove myself innocent of the situation
I see, so there is a court order. Have you been convicted of a felony or is there any abuse occuring?
no felony but she filed the complaint that i beat her up.
I see, then that is just temporary. You will need to be patient and show the judge evidence that you will not endanger the children when you are allowed to visit them.
If the judge believes the children are in danger or there is a possibility of violence, then you will not see your children until the judge's opinion is changed.
meanwhile can my relatives visit my kids n talk to the wife.i had once called the police because my inlaws had taken the kids away without informing me.this problem is arising out of a family business
Yes, your family can visit them, however, it will be up to the your wife since she is in charge of their schedule.
can these charges against me get dismissed if the kids tell the judges that im a good person or the wife realizes her mistake of complaining because of the inlaws
Are there charges still pending against you? A complaint is just that, one person's statement. Unless you are convicted, you are innocent.
how can i prove innocent ?
That you will need to talk with a local lawyer about, because it depends on a number of facts and strategies. You don't want to type everything on here about that, since it is a public record.
That abuse allegation will play a part, so don't ignore it. Get an attorney and get it taken care of criminally, so that you can address it in your civil divorce action.
what kind of attorney should i look for-
Criminal Attorney that deals with battery.
whats a peaceful n inexpensive solution
The most peaceful and inexpensive solution is to agree with your wife regarding asset division and child visitation. Then you take those things you agree upon and put them in the divorce decree.
im willing to give away all my assest but just want to share the kids
I understand, if you believe you can negotiate a deal then do it. If you don't think you can, then you can get an attorney to do it for you, but it will be more expensive.
thanks n gnite
You are welcome and good luck. I'll send you an email in a couple of weeks to see how you are doing. Have a good night and please accept so that I can continue to help others.
Over 12 years of business and legal experience.
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