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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30154
Experience:  Attorney with experience in family law.
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Im having issues with my exhusband being verbally abusive to

Customer Question

Im having issues with my exhusband being verbally abusive to me. I had a restraining order in the past but dropped it after a year and a half. He claimed he changed and I believed him foolishly. Now he puts me down, makes accusations of me neglecting our daughter. Which is completely untrue. He says he doesnt have time for me and I am not his problem. I have sole physical custody, I want to go for sole legal custody too, we currently have joint legal. I also want the supervised visits back. How can I go about doing this again after I dropped both things? He is bipolar and has PTSD. He also appears to me to be a Sociopath. He argyues with me about everything. My daughter just turned seven and is moody and had crying fits the next day after seeing him. She is a very happy kid and lives with me her Mom. I dont know what to file in the court? I have many ttext messages as proof of verbal abuse to me. If I have sole physical and sole legal custody would he still be obligated to pay me child support? Is verbal abuse grounds to get the restraining order reinstated? How about the supervised visitations again? Thanks.

Submitted: 2 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 2 years ago.
Hi,I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.It is always possible to seek a change to custody where there has been a material change of circumstances. Usually, you have to wait 6 months to a year after an order is entered to seek another one. But you can tell the judge what has been going on since the last visit, explain what he's done that shows it's not really good for the child to spend time alone with him, and ask him to make the change. The judge can also order him to refrain from contacting you about matters not directly related to your child, which may help with the verbal abuse. The judge can order him not say the types of things he's saying, and he's in contempt of court if he violates that. Or you can ask that communication go through a neutral third party if there's someone else like a family member who can help with that.Verbal abuse typically is only grounds for a total restraining order if he's making threats against you or your family. But it may help with supervised visits. He would still be obligated to pay child support if you have sole physical and legal custody and he only gets supervised visits. If you have any questions or concerns about what I've written, please reply without rating so I may address them. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively to redirect a portion of the payment you have already made so I am paid for the time I spend answering questions. There is no charge for follow-up questions. Thank you.
Customer: replied 2 years ago.

I believe there already is a no abuse order in place seperate to the restraining order in the past. If I file a contempt because he is in contempt of that modification I did a while ago ehat would happen? Fines, jail etc. If he gets put in jail and cannot work how would I get child support? I am dependent on the child support because thr only other oncome I have is disability. What would a contempt against him do exactly? I have never filed one before. Thanks.

Expert:  Lucy, Esq. replied 2 years ago.
If there's already an order and he's in contempt, usually what you'd get is a fine plus your costs in bringing the motion. That can sometimes include your attorney's fees. You can't get child support when he's in jail, other than the pennies a day they get for doing work. That's something to keep in mind when requesting sanctions. The arrearage will pile up, but it doesn't help you get the money now when you need it. The judge has a lot of discretion when devising contempt sanctions, so there's no way to say exactly what will happen. But fines are common, along with a lecture from the judge on appropriate behaviors.