Q: Divorce/Child Custody/Spousal Abuse?
I am currently starting the divorce process. My husband of almost 5 years has been sexually and emotionally abusive towards me throughout our marriage. Our daughter (then 2) saw him in a violent outburst. What worries me is that he will have another violent outburst and he will seriously injure me or my children. What steps can I take to remove myself from this situation? What are my chances of getting full custody of our kids? Am I able to leave CA and go elsewhere or that is up to the courts?
Also, I've noted all the times (to the best of my memory) of when he abused me, I've also taken pictures of items he's damaged in our home due to his violent outburst.
A: Look up Domestic Violence Restraining Orders. Your chance of getting one granted will be better if the abuse was more recent.
Joseph Torri agrees with this answer
A: The court will decide the move away issue at trial if he does not agree to letting you take the children out of state. If the past domestic violence was documented and there were police reports etc, you may have a better chance of persuading a judge. However, the court will most likely look to recent incidents of DV. There are many more issues that need to be analyzed for a custody case. Obtaining a domestic violence restraining order may be possible to obtain, but more facts are needed; especially recent facts. If you are unsuccessful at establishing domestic violence, obtaining primary custody could be difficult.
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