Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good morning and I am truly sorry to hear about what you are going through. If you were abused this morning, the police should and need to be called and your husband can and likely will be arrested, charged and removed from the home. A no contact order
will likely be put in place and he could not have contact with you or the children. This should afford you some immediate protection, since he will be removed from you, the home and the children. In addition, if you do not want to do this, then your other option would be to contact friends or a womens shelter that can take you and the children in, based upon the awful situation. if you just leave the State, it is going to cause problems and may result in the children being taken away. While it is for your protection and that of the children, you would be doing something, which on its face, results in your Ex getting custody. Now, I know HE is moving next month and would result in you being able to go where you want, so if this is happen for sure, you could have a defense if he tries to enforce the order and take the children. The biggest obstacle is that both things have a negative effect on each other. I think if he did try and take the children, that you certainly have grounds to defend and support your action based upon the abuse and based upon the fact that he was relocating in a month, but you would still need to likely go before the Judge and convince them of the same. If you called the police or left the home and sought shelter first and those efforts failed and there was no other option, then it would be a matter of something done for your safety and well being, so the Judge may see that and not take the kids away.