Q: I want to know how I can get a protective order against my husband in the future if i want to leave him?
He has had a previous DV arrest in the past. If i tell him i am leaving the home with my child before i file a divorce - what can i do to make sure he does not retaliate - if he is verbally abusive not physically. I have proof of his past arrest though his record was expunged. Also proof he made a hole in the wall of our previous apartment and proof of ongoing anger. Also I am having ongoing theapy and treatment by a doctor due to the coercive control of him and my Indian inlaws who sometimes visit from India. Can i get awarded temporary child custody?
A: Wow! There is quite a bit going on. You may be able to get a protective order if you believe he is a threat to you but the court usually looks for recent acts, in addition to past acts of violence. So it would depend on how far out the last instances of abuse were. The protective order would have protection for you and it would also address custody and child support pertaining to the children.
The short answer is "its easy" and "yes." Any victim of domestic violence qualifies for a protective order upon a basic showing to a judge, and they are offered in many communities 24/7. Larger counties have a One-Stop-Shop to assist.
I recommend you speak with a qualified LOCAL family lawyer in your community as well. That lawyer can assist you in understanding your rights and obligations, as well as ensure you are following best practices with your planning. Having the right lawyer NOW ensures you keep focus on the big issues and have a backstop when you are feeling weak.
Best of luck and no one should have to experience mental or physical domestic abuse, for spouses OR in-laws.
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