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My husband was violent against me about 50 minutes ago. He…

My husband was violent...

My husband was violent against me about 50 minutes ago. He pulled me on my collars and hurt my neck and cheek

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

MA

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

No, I had to take my son (8yo) to bed.

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

I am scared, but I don't want it to affect the peacefulness of my son.

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Answered in 1 minute by:
11/20/2016
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16,870
Experience: Experienced Licensed Attorney
Verified

Hello. My name is Alex.
Thank you for your question.
I will be happy to provide you with information you are seeking for educational purposes only.

Do you have a legal question that I can answer for you about the situation you have described in your post?

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Customer reply replied 1 year ago
What is the best thing to do now. I thought about calling 911, what will happen if I did?
Customer reply replied 1 year ago
I prefer chatting online. He could hear me if call

I am not permitted to tell JustAnswer.com what to do in their specific situation or list all of the legal rights / legal options that might potentially apply in any specific situation, as such legal advice can only be provided by your local attorney, upon review of your entire case.

I can however, provide you with a general answer, if you have a legal question for me?

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Customer reply replied 1 year ago
Not sure what you can provide me. What is my legal rights in this situation?
What kind of questions can you answer me? Not sure what 'legal question' mean?
What kind of legal question you can answer me?

Thank you for your follow up.

I am afraid I won't be able to assist you further, so I will opt-out of your question at no charge to you and will open your question up so other JustAnswer.com legal professionals can review it.

Thanks.

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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 30,949
Experience: Active member of the NYS bar since 1989
Verified

Hello,

I am a different legal expert.

If you want your husband arrested and removed from the household tonight because you are fearful for your safety, you can call 911 and report the domestic assault. Officers will come to the house and your husband will likely be arrested. He will be served with a protective order against him when he sees the judge, and while the case is pending -- and for some time afterwards if he's convicted -- will not be able to return to the home or have any contact with you and your son.

If you don't want him arrested but you do want a protective order, you can go to the police for an emergency order or wait until Monday and file for an abuse protective order. With that too, he would not be able to come back into the household once he was served with the order.

In either instance, a violation of the order would subject him to an arrest and, depending upon the nature of the violation, additional criminal charges.

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Customer reply replied 1 year ago
Thanks a lot for your answer. I have so much conflicting thoughts going on my mind now... I don't want to impact my son... I don't want to ruin his life... But he can become so dangerous and mindless. He grabed me 3 times when I told him to stop. When I warned him not lay his fingers on me, he went, "yeah, you think I am scared of you?"

I cannot tell you what to do, as I am not your lawyer and can only provide you with general legal information.

I can tell you that if you have an abusive person in the home, you are not doing you or your son any favor. Should someone report your husband's activities to CPS and CPS finds the household is not safe for your son, they can place your son elsewhere.

If you can reason with your husband and get the two of you into counseling to address his anger issues, that's another way you can proceed. But if he's not willing to do that then you have a serious choice to make.

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Customer reply replied 1 year ago
Thanks again for the supportive answer. Can you please tell me what is required to get a protective order? After the order, he has to leave the house, right? How about my son? Can he see him? What is the legal procedure after the order? Hearing at court? My request to remove the order? Can I ask for an apology before removing the order? Do I have a time frame to ask for an order?

There are two ways to get an order. One is to report him to the police and ask that he be charged with a crime. The other would be to go to your county civil court and file for a civil protective order. You can learn more here about Abuse Restraining orders in your state.

Once your husband is formally served with a copy of the order, you are protected and he'd have to leave the house. You can't serve him with the order, but generally the police will do it for you. If not, anyone other than yourself who is at least 18 years old can hand it to him.

If you have custody of your son and he cannot have contact with you or come to the house, he will have to then go to family court to work out some kind of visitation and custody arrangement that will not violate the order.

Once you get a criminal or civil order, it's no longer up to you to get it removed. The state can keep it active even if you no longer want it. While an order is in place he cannot contact you, not even to apologize to you, not even if you ask for the apology.

There is no real time frame to ask for the order, but you won't get one unless the judge thinks it's reasonable that you are fearful for your safety. The judge needs to believe there is a present threat.

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Customer reply replied 1 year ago
How the custody right is decided? What is the procedure or the base to remove that order, or is it impossible to remove once in place?
How would this impact divorce process if I decide so?

Custody is determined in Family Court. The judge will take all of the facts and circumstances into consideration, including the domestic violence and protective orders and then he will do what is in the best interest of the child. There are arrangements that can be made when there's a protective order so that the parent's don't have to deal directly with each other and violate the order.

To remove the order, you'd petition the judge who granted the order. It's possible for a judge to lift an order, but it's at his discretion and depends upon all of the facts and circumstances of the case. If he thinks you're still at risk of being harmed, even if you think otherwise, he's not going to lift the order.

If you file for divorce, the domestic violence will have some effect on custody and vistitation.

Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 30,949
Experience: Active member of the NYS bar since 1989
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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).

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