Q: I want to take my child with me out of state to my hometown. Husband physically & mentally abused me in the past
I want to take my child with me out of state to my hometown. Husband physically & mentally abused me, and is a veteran with PTSD. I’ve recently made the mistake of turning to narcotics to cope w/the situation & now I’m worried he has better leverage than me. He just broke my phone & physically assaulted me in front of our 8 year old based on false accusations of me having an affair. I have no family or friends here for emotional or financial support. My income alone is not enough to live on my own, we just recently got
He is claiming to have texts messages and recordings of all this evidence of me having an affair that took place years ago. And evidence of me getting drugs. This took place years ago, after we decided to stay together and make things work out. He never agreed to counseling or getting any help for his PTSD. I’ve tried my best to save this marriage. Police was not contacted this time, so I’m not sure what my chances are in being able to leave in reguards to this matter
A: Even if you were currently having an affair that would not be a legal justification for a physical assault. You could contact the District Attorney's office in your county of residence and ask how to apply for a Family Violence Protective Order on the basis of the physical assault. You can also request protection for your child in the same application.
f you are not currently in physical danger and know that you want to end the marriage, then the first thing is to have a private conversation with a divorce attorney. The DA is not a divorce attorney!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.