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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11339
Experience:  Licensed Texas General Practice Attorney
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I am under a No Contact order as a condition of my bond concerning

Resolved Question:

I am under a No Contact order as a condition of my bond concerning an incident I had with my wife four days ago. She has packed up the entire house and left with my two children to an undisclosed location. Do I have a right to see my children and know where they are? I live in Georgia and the No Contact order only names my wife. Also, I could have filed charges at the time for unlawful imprisonment against her but chose not to because I didn't want both parents to be jailed at the same time. If I file those charges against her now, what happens to my children? My sole charge was misdemeanor simple battery family violence. First of fence. First time in jail at 36 years old.
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

I'm sorry to hear that. What were the details of the false imprisonment that she subjected you to?

ScottyMacEsq :

(unlawful imprisonment, that is)

ScottyMacEsq :

Do you mean "false report" to the police?

ScottyMacEsq :

Should I continue to await your response, or may I assist the other customers that are waiting?

Customer: She physically deterred me from leaving my own home for a period of about two minutes by wrapping both arms round my waist with both her hands in my front right pant pocket, positioning herself between me and the inward opening door. As I attempted to leave, we fell against the door and onto the floor where she continued to grasp at me and hold me down.
ScottyMacEsq :

Thank you. I'm sorry to hear about your situation. Yes, you could still file charges against her, although there might be some question (either by the police or the prosecution) as to why you did not file charges earlier. As for what happens with your children, that depends. Most likely nothing, in that the police might not even "arrest" her for that, but could still charge her. If she were to be arrested and you were not contacted (or any other neighbor, friend, or family member take control of the children) then they would go temporarily into the foster system. But more permanently, that would be a question for the family courts, not criminal ones.

ScottyMacEsq :

Without a court order, you don't have a "right" to see your children.

ScottyMacEsq :

That is, nothing is keeping you from seeing your children other than your wife.

ScottyMacEsq :

If you can find them and not have contact with your wife, and not do anything else to breach the peace, this would not be a violation of your court order.

ScottyMacEsq :

But I would suggest that you file for some sort of custody / visitation arrangement (generally as part of a divorce filing). This would get a court order that would give you a right to see your children, and if she prevented you from doing so, she would be in contempt of court.

ScottyMacEsq :

That being said, you need to contact an attorney in your area that deals with custody / visitation (and maybe divorce, if that's being contemplated) cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.

Customer: Would having her charged offset my charges in family court if she tried to sue me for custody?
ScottyMacEsq :

Not necessarily. Ultimately the court is going to consider a number of factors, not just convictions or pending criminal charges.

ScottyMacEsq :

When reviewing all of the evidence, the court must consider any relevant factors including, but not limited to the following:



  • Each parent’s respective ability and willingness to co-parent, cooperate with the other parent, and encourage a healthy relationship between the child and the other parent

  • Each parent’s ability to inspire, encourage, and otherwise motivate the child and promote psychological well-being

  • The current relationship between the child and each parent, including its strength, nature, and stability

  • The ability of each parent to provide for the child’s physical needs, including food, clothing, medical care, and education, and the likelihood of each to do so

  • The emotional bonds, affection, love, and other psychological ties between the child and each parent

  • The role of each parent in the daily routine and needs of the child and the degree to which each has acted as the primary caregiver

  • The child’s physical and mental development level and emotional needs, including any special physical, educational, or medical needs

  • Each parent’s physical fitness, emotional well-being, and moral character

  • The child’s need for continuity and stability in all areas of life

  • Any evidence (not mere allegations) of one parent committing abuse against the child or the other parent

  • The preferences of the child, if the child is over the age of 12

  • Refusal of either parent to attend court-ordered parent education classes

  • Any other factors that the court feels are relevant

Customer: So rather than put my children through any more discomfort, start the divorce proceedings?
ScottyMacEsq :

Ultimately that's up to you. I certainly can't say one way or the other, and as an attorney we actually have to encourage mediation and discourage divorce (interestingly enough). But if you want to make her allow you to have access to the kids, you will have to file something.

Customer: What would I file if I didn't necessarily want a divorce, but wanted to seek joint custody in the meantime?
ScottyMacEsq :

You could file a custody / visitation petition that is not part of a divorce.

Customer: Thank you. You have eased some of my concerns. I will try to locate a Family Law Attorney first thing Monday and get the ball rolling.
ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11339
Experience: Licensed Texas General Practice Attorney
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