Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

Hello my husband is currently on restraining order for DV from

me and my daughter of...
Hello my husband is currently on restraining order for DV from me and my daughter of 5 month. I am the bread winner in the family with a high profile job but have no pre-nap. I am also not an American and may want and need to move to Europe for my job. What is my best course of action? His DV case is currently being tried.
Show More
Show Less
Ask Your Own Family Law Question
Answered in 11 hours by:
6/1/2013
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 121,092
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

What is your best course of action for what? Would you please explain what you want to do?

Are you ready to divorce him because of the domestic violence?

What specific questions do you have?

What state are you in?
Ask Your Own Family Law Question
Customer reply replied 4 years ago

I am considering filing for divorce. I was not sure whether I should do it but given the situation with Domestic Violence is serious and I dont see him projecting remorse I want to make sure my baby and I are protected. I want to understand what are my chances of best preserving my assets and winning custody. If I wait and see how he handles DV case - I would love to preserve my family but only if my husband will take serious corrective actions. I was also trying to help him to avoid criminal record by talking to DA and his lawyer. His lawyer was very nice but when I told him that I will need to go on a business trip he called me back interrogating who the baby be with - I dont understand how is it relevant and got scared that he wants to try to take the baby... I would love to hear your perspective on the situation. Hope its clear enough.

Thank you for your additional information.

What state are you in, since that determines how marital assets are divided?
Ask Your Own Family Law Question
Customer reply replied 4 years ago

New York, we have been married for 6m

Thank you for your response.

Since you are in NY and have been married less than a year, now is the time to get out and get your divorce. There would be no marital property to divide as you are not married long enough for any real marital property to accumulate. Also, because the marriage is less than 5 years, under the NY spousal support system there would be no spousal support due.

As the child is a baby and there is domestic violence involved, the chances of him getting physical custody would be slim and if the domestic violence occurred when the child was present, likely the most the court will give him is supervised visitation.

As far as you moving with the baby out of the country, as the child is small and you are a citizen of the other country (as is the child) the courts in these cases where violence was involved will almost always provide in the custody order that you can remove the child from the US and most times it is not a problem. He can try to fight for visitation and can even eventually (as the child gets older) get the court to order for you to pay for the child to visit him, but at this young age and with the DV issue the court will most times mandate only supervised visitation.



Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Ask Your Own Family Law Question
Customer reply replied 4 years ago
This is great news! How shall I move forward? Do I need to look for a lawyer? Just one thing - the child is US citizen but can of course get my citizenship too
You will need a family law attorney and will have to file for divorce and a motion for temporary sole custody of the child . Your biggest battle on your case is you will at some point have to make some type of arrangements for the child to have some contact or relationship with the father and this may just be as time goes on and it also depends on how much he fights in court with you over the visitation issue. You will also have to get the court to approve you returning to your country with the child, but again with the DV the chances are better for you they will.
Ask Your Own Family Law Question
Customer reply replied 4 years ago

So a better bet for me is to go into divorce right away vs. trying to see if the family is salvageable, correct? Also can you recommend any attorneys? Also in my case will the process be long?


 

Customer reply replied 4 years ago

also is there any way for me to limit his visitation? I dont want him to interfere with the baby as his lifestyle is bad news. After she grows up - I will let her choose, but not now.

Thank you for your response.

Only you know how you feel deep down about staying with someone who has abused you. You have to evaluate your entire relationship and the fact you have been married only 6 months and abuse started so soon and consider that many times an abuser does not change, but only you can evaluate that and you have to be honest with yourself.

As far as an attorney, I must apologize but the site rules forbid us from making personal referrals and the only thing we are allowed to do is suggest to use the same sites used by other attorneys, http://www.martindale.com, http://www.lexmundi.com or http://www.hg.org to find a local family law attorney.

You would limit his visitation or even get supervised visitation based not just on his lifestyle but also based on the domestic violence. The court will have to balance that base on what they find to be the best interests of the child and you have to present enough evidence regarding his bad lifestyle to show that him having excessive physical time with her would not be in her best interests.
Ask Your Own Family Law Question
Customer reply replied 4 years ago

Ok - just one last question. If I decide to give it a shot - when is the latest I can file for divorce to still have minimal impact on the property and spousal support. I want to preserve all of the pre-marital property as it was all mine.

Thank you for your follow up.

The sooner you file for the divorce is better, but generally at least if you file before your first year is up of marriage, you would not have much marital property to divide. You personal property you had before marriage remains your separate property not capable of division as marital property as long as you never mix it with marital property (such as by putting his name on it or moving it to joint accounts). Spousal support in NY is generally not awarded to a marriage less than 5 years.
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 121,092
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
Law Educator, Esq. and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 121,092
121,092 Satisfied Customers
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
Husband comitted domestic violence against and was vetbal
Husband comitted domestic violence against and was vetbal abusive to my daughter. He is the only caregiver to our 5 year son would he be able to care for our son if an order of protection is filed aga… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
Trying to file a motion I'm thevictim in a domestic violence
trying to file a motion I'm thevictim in a domestic violence case and there are many laws being broken iin this small town court house.. like my right in the state of rhode island speedy trial. the fa… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
121,092 satisfied customers
MY DAUGHTER was served a civil summons domestic violence An
mY DAUGHTER was served a civil summons domestic violence An Ex Parte order was issued against my daughter and she is to appear and answer the complaint. The allegations are false! Questions: Can chara… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,547 satisfied customers
I am over a supervised visitation of my granddaughter and I
I am over a supervised visitation of my granddaughter and I just found out that the mother has been taping in my house. we meet in my living room with the doors and curtains closed. it is just me my g… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,303 satisfied customers
I have sole legal and physical custody of my children. My
I have sole legal and physical custody of my children. My exhusband has no rights other than supervised visitation. He has not exercised his rights in over a year. The last visit he had was October 20… read more
Sue
Sue
Juris Doctorate
245 satisfied customers
I currently have supervised visitation with my children per
I currently have supervised visitation with my children per a temporary order from 8/4/17. I fear that my children are in danger with my ex-wife because of her family's culture (her father molested ex… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
121,092 satisfied customers
If both parents have supervised visits and the grandparent
if both parents have supervised visits and the grandparent is awarded Permanent Managing Conservatorship … read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
I need some spousal support advice for my divorce. Ca. No a
Hi Pearl, I need some spousal support advice for my divorce … read more
socrateaser
socrateaser
1,031 satisfied customers
HAVE QUESTIONS ABOUT DIVORCE/SEPARATION, SPOUSAL SUPPORT.
HAVE QUESTIONS ABOUT DIVORCE/SEPARATION, SPOUSAL SUPPORT … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
My wife filed a domestic violence restraining order on me
My wife filed a domestic violence restraining order on me while I was out of town. They lawyer she has is know to do this. I'm not getting a lawyer as of now and would like to know what I need to do t… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have temporary supervised visitation. I was granted 8
I have temporary supervised visitation . I was granted 8 visit. my son father is violating the court order. What can i do? and what will happen as a result… read more
Michael Bradley
Michael Bradley
JD
1,193 satisfied customers
I filed a domestic violence restraining order that was
Hello. I filed a domestic violence restraining order that was temporarily approved. However when it came to court, the respondant brought an attorney where I did not bring mine even though I had one o… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,353 satisfied customers
A judge issued a Domestic Violence restraining order
A judge issued a Domestic Violence restraining order prohibiting me from seeing my children. He did so for no reason whatsoever, did not allow a hearing, and such order was not requested by anyone. Th… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I have sole legal and physical custody.... visitations are
i have sole legal and physical custody.... visitations are supposed to be agreed upon both parties. however, due to my childrens hostile behavior I told him to meet the children supervised at a park o… read more
Sue
Sue
Juris Doctorate
245 satisfied customers
When does temporary spousal support end and spousal support
when does temporary spousal support end and spousal support begin. At my initial hearing I was ordered to pay $2000 per month of temporary spousal support. At the divorce hearing, the Judge ordered me… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have been going through a domestic violence divorce for 4
I have been going through a domestic violence divorce for 4 years. I am bifurcated, however, the Maritial Seperation Agreement … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,265 satisfied customers
If I have a domestic violence restraining order against my
If I have a domestic violence restraining order against my wife, am I able to contact here even though she is no allowed to contact me? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,415 satisfied customers
Can dcpp tell me that i have to have supervised visitation
hi, can dcpp tell me that i have to have supervised visitation with my teenage daughter whom is currently under my custody? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,393 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x