Family Law Questions? Ask a Family Lawyer Online.
Hello! I am a licensed attorney, eligible to practice in front of state and federal court, who is ready to help. I have a nearly 100% satisfaction rating (click here to see my ratings information) so all that means is that you can count on me to help today. I'm sorry to hear about your situation. One of the things that you may want to consider is a restraining order. Restraining orders are relatively simple to obtain and they are granted by a judge. You can explain to the judge that you are X abuses alcohol and that you are concerned about your safety. If you click here, you can see a quick two page pamphlet published by the state of Connecticut regarding not only the specifics of filing for a restraining order, but also the process that you need to take so that way it is enforced. This way, at least for a certain amount of time, then he won't be able to contact you without risking jail time.
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I understand what you mean. One bright side is that you are in control of the situation more than you think. Although he may be emotionally abusive, you are able to escape from the abuse as much as possible, even without the court's intervention. One thing that I have learned is that if you find some defensive statements, you'll be better off. You could explain, "Look, I refuse to listen to this anymore so please do not contact me unless it is regarding the health, welfare, and safety of the children," then it can help. Also, emotional abusers hate when they are ignored so you may be able to force him to act in away that is useful by simply ignoring his abusive behavior like shutting off your phone and not responding to his emails that aren't pertinent.
One of the ways that you might be able to help us your rights is by filing a contempt motion. The contempt motion basically says that your ex is violating the terms of the agreement. The cord may decide that they want to issue a fine or they may order him to comply with the terms of the agreement or else risk jail time. all you would do is just find some 28 line pleading paper, and then go and file it in the court where the Parenting Agreement is filed.
I can understand. The state is not going to require that he admit to the abuse at all; the court has to find that he committed abuse even if he denies it (which he will). Even if his attorneys are skillful, the facts may still work in your favor if he is up on contempt. Part of this is being patient with the process and waiting for justice to serve you appropriately. in the meantime, take the suggestions that I made regarding how you can protect yourself in the meantime. The law is good, but it can't protect you 100% in every situation. You're in greater control than you think.
Yes potentially it would have to be under a protective order. The court could issue a no contact order, but it would have to have a basis of some sort of physical abuse. The options are not great, this is the downside with psychological/emotional abuse because the scars are on the inside. However, I think that if you continue to exercise your amazing patience and follow my recommendations