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I am married and have a son from the marriage. My husband…

Customer Question
Hi. I am married...

Hi. I am married and have a son from the marriage. My husband yell, curse me, threat me for years. Eventually, I took my son to California with his permission but without telling him my address. He threatened me that he will murder me if I find a boyfriend in LA and telling me I kidnapped his son. I don’t know what to do.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

We were in clorado and my son and I moved to Los Angeles 2 weeks.

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He said he want to kill him self last night by text because we are leaving him then I called 911 and found he was just sad and sleeping

Submitted: 4 months ago.Category: Family Law
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3/9/2018
Family Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 13,417
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Family Lawyer: Legal Eagle, Lawyer replied 4 months ago

I'm so sorry to hear about this situation.

In this case, you may want to consider getting a restraining order. Getting a restraining order usually files a few important steps. The first thing you should do is either look online or to go to your local civil courthouse to find out what forms are required for the restraining order. Each county and each state requires different forms so I suggesting going to the courthouse to find out. The first floor where the clerk’s office is usually has all of the forms necessary. The forms eventually have to be submitted to a judge/magistrate who will either approve or deny the request.

Once you’ve obtained the forms, you should fill them out, including all of the detail as to why you feel the restraining order should be granted by the judge. Go to the courthouse to file the forms. You can either wait around or come back later to determine whether the judge has approved the order. If it is approved, the clerk will return to you several copies. One to keep and one to serve. The restraining orders are usually temporary in nature, not lasting over 90 days. The order is enforceable by your county sheriff so if the person violates the order, they can be arrested.

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Family Lawyer: Legal Eagle, Lawyer replied 4 months ago

Typically, restraining orders have to be served in person, but they can’t be served by you. This means you should go to www.thumbtack.com and find a process server. A process server is a person who will serve a copy of the lawsuit on the other party. A process server must be at least 18 years old and not involved in the case in any way. If you have a friend or family member who can do it, they can serve it for you, too. Otherwise, most process servers charge something like 50-100 dollars. Once service is complete, the process server will typically have to file a “proof of service” form to swear to the court that they filed the documents.

Not long after the order is granted, the court will set up a hearing date for the future to determine whether the restraining order should be continued beyond the 90 days or so. If you believe that it does need to be continued, then you will make your case. If you don’t believe it needs to be continued, then you can tell the judge this at the hearing. Ultimately, it’s entirely up to the judge whether it continues, so you should be prepared either way.

These orders are meant to protect people like you. You should file it in the county where you live as well. How else can I help you today?

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Customer reply replied 4 months ago
Thank you. So I can file a restrain order here in California? Even my son and I were only here for 2 weeks? Also he said I am kidnapping his son it that ture? I live with my aunt and she said I can’t tell him her address.
Family Lawyer: Legal Eagle, Lawyer replied 4 months ago

Yes, you can file the restraining order. If the court for some reason denies it, file it in the county where he is living. You can always keep your current address private Additionally, I don't believe this is kidnapping generally if you are fearing for your life. A prosecutor would likely never bring charges if you are fleeing; however, it is important you heed my suggestions about the restraining order to use as proof in case he does decide to try to call the authorities. Plus, I would recommend getting a custody order in place with the courts to help make sure that his custodial rights are limited.

Did you have any other questions for me regarding this?

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Customer reply replied 4 months ago
Custody order. So I can file a divorce here in California?
Family Lawyer: Legal Eagle, Lawyer replied 4 months ago

So, you have to live in CA at least six months before you can do that. You can file in CO if you would like because the same rules apply, but six months is the minimum.

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Customer reply replied 4 months ago
What’s the steps to get divorced him...fill restrain order first and does the custody order part of my divorce?
Family Lawyer: Legal Eagle, Lawyer replied 4 months ago

You can file the restraining order before the divorce and I would recommend doing that. The custody order can be made a part of your divorce or you can file for a custody order before divorce if you would like. My recommend is to a) file the restraining order in CA; b) file for divorce either in CA (if you wait 6 months) or CO if you want to do it now.

San Diego County has an excellent step by step process on how to file for divorce which would be much easier to understand than if I were to copy and paste the entire process. You can click here to get started.

Did you have any other questions for me today?

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