Q: How can I safely pursue joint custody and protect myself from my threatening partner in Maryland?
I am scared of my children's father and want to obtain joint custody, but he refuses to let me break up with him, threatening to hurt me and take my kids. I have not taken any legal action against him, and currently live in a hotel with my kids until moving into my own place on April 1st. I don't want to face him in court due to fear of retaliation. How can I safely pursue joint custody and protect myself and my children?
A: If your husband is placing you in apprehension of imminent serious bodily harm, you can petition the court (either District or Circuit) for a Protective Order. That Order could require your husband, by example, to refrain from having any contact with you, staying away from your current residence, and award you physically custody of your children while establishing some supervised visitation schedule. An Order of that kind is good for one (1) year. You need only appear at the courthouse during business hours to present your petition to a judge. Alternatively, during non-business hours, you can obtain an "interim" protective order from a Court Commissioner, after which there will be a Temporary Protective Order Hearing to determine if reasonable grounds exist for a "Final" Hearing at which both you and your husband (once he is served with the Temporary Order), must appear. However, it sounds to me that you require an attorney to counsel you not only on the Protective Order process, but more globally concerning possible termination of your marriage and the child custody and support issues that are generally are part of that legal process. The Protective Order can be obtained as an immediate step and be obtained in a very short period of time. That Order would be subject to possible modification once you have initiated divorce proceedings.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
