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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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domestic violence

Customer Question

Submitted: 6 years ago.
Category: Criminal Law
Expert:  Samuel II replied 6 years ago.



I am sorry to hear this. What is your question, how can I try to assist you with this matter, please?

Customer: replied 6 years ago.

Ok, here is what happened. Two days ago, my wife and I got a physical fight like shoving and grabbing hands. We already agreed on divorce and were working on it. Then, I asked a big favor to my wife, which was to take my son with me to Korea for 3 weeks, begging her that I would help her whatever she wanted to do from now on. Then, she said no. I kept asking her. Then she finally told me that she wouldn't mind if I take him for vacation here in the States. So, I said, Ok. then I went out to pick up my son. After I came back home and tried to pack because I wanted to take him to somewhere in the States since she said so. But, she desperately stopped me while my son (3yrs old) was watching and screamed and yelled at me. I told her that she said it would be ok. Then she asked me why I was going to. So, I said, i dont know yet but will call you or text. Then she tried to stop me again and grabbed my hand and suitcase. So, I shoved her to couch and my son's bed a few times because deparately i needed to get out of this situation while my son was still standing outside and watching. I cared him most so told him to go upstair. Then finally i went up there and got him. She tried to stop me eagerly. So, I tried to close the door while she was inside the room. Then, I tried to go through window but she followed me. Then, I ran to the door while holding my son. I got into my car and she followed and stood in front of car. I stopped 2 seconds and backed. But no road. So, I drove forward again while she was standing. At the same time, my son was telling me that "my mommy is a bad boy" so I had to desparately escape from this situation.


So, now my court date is next Weds in Rockville, MD I need to know what i need to prepare to defend myself and also want to know about emergency custody. Since my wife has taken anti depressant pills and frequently talked about suicide. But, now I can't even access to my son's school. I am very worried about my son.

Expert:  Samuel II replied 6 years ago.



I see. Well, there is a lot going on here and I am sorry you all are experiencing this. You should really consider having a local attorney appear with you at the hearing. This is where you will need to "show cause" as to why the Order should not be permanent. The crux of it will be that you are not a threat to her safety and wellbeing and this was an argument that got out of hand and is an isolated incident. You will need to show that you have only your child's best interest at heart and that a permanent Order will hinder any chance of you continuing a bonding relationship with him


Now, if you are not successful, it will be a bear trying to appeal it. So, you should consider a local attorney to help ensure the matter is articulated fairly and in your favor.



Customer: replied 6 years ago.
Relist: Incomplete answer.
I know it was my best interest at my son. But, I need to know exactly how I need to prepare and how I can get him out of her as soon as possible since she is very unstable.
Expert:  Samuel II replied 6 years ago.



You need to prepare by reading the statement of facts for the charges against you. The facts are the facts. You really need to be concerned with not appearing to be a threat and that what ensued was because you are concerned for the wellbeing of your son. In addition, you were attacked and you only wanted to leave so your son would not have to endure the incident.


To get temporary custody, you will need to have a matter pending in court. This would be either a legal separation of a divorce filed. You will then request Temp custody of your son based on her apparent violent behavior, etc. You also can request temp use and possession of the home until the divorce is finalized and all matters disposed of


So if you consult with a local divorce attorney about getting those documents filed, they also can represent you at the hearing for the restraining order