my husband beat mer up and left the state with our daughter after i went down to get a restraining order that gave me temp/ custody of her. he han't been served the re. order yet because we don't know exactly where he is. but i know what town he went to. can he do anything to prevent me frojm getting her ? feel free to email.
2007-01-01 17:54:38 · 15 answers · asked by shyrayleen 1 in Politics & Government ➔ Law Enforcement & Police
You do not say what state you are in. In California, go to the District Attorney's Child Abduction Unit. California takes Domestic Violence and Child Abduction VERY SERIOUS!
While it's true that you have not "legally served him", it is also true that a JUDGE SIGNED A COURT ORDER GIVING YOU TEMPORARY CUSTODY.
Was he arrested for beating you up? If he was, or even if he was just "detained" and then released...go to the arresting police dept. and get a copy of ANYTHING YOU CAN. Get a copy of the police report, or if there isn't a report, get a copy of the police log for the day the incident occurred. Your call will be documented in some form. Get proof of that!
Until you find him, keep returning to court to get a CONTINUANCE for your temporary restraining order! DO NOT LET IT EXPIRE! This is critical!!!! Explain to the Judge how you are trying to locate him because he fled town with your child.
Show him a copy of the log or report you get from the police, and tell him that you are concerned for your child's safety. The judge may be able to get police from another state to cooperate, serve your ex and bring you child back to you.
Your ex could file in another state for custody of your child. BUT, even if he does, your order will be dated before his and most states will give jurisdiction to the first attempted court order (even if it wasn't served), especially since DOMESTIC VIOLENCE WAS INVOLVED!
I would contact the local court in the town you think he moved to. Send them A COPY OF your TEMP. RESTRAINING/CUSTODY ORDER. It couldn't hurt. Keep calling the court clerk daily to ask if your ex has filed anything. If he does file, he will have to put his address on the paperwork.
If you need more help, email me and GOOD LUCK!
2007-01-01 18:38:29 · answer #1 · answered by Trish V 1 · 2⤊ 0⤋
This answer is for Texas Residence but most states follow the same civil statutes. First since there is no court order decreeing the child into your custody the police will tell you this is a civil matter. They can make contact with the husband and ask him to return the child but if he says no then there is nothing they nor you can do.
You should first file the assault report with your local agency. Then get a lawyer and file a writ of attachment for the child. With this writ the child can be forcibly taken from the father. I would also have a protective order issued with both yourself and the child as the protected.
Finally get this divorce over with quickly with full custody granted to you. This will take money and a good lawyer but in the end it is worth it. Good luck
2007-01-09 16:30:43 · answer #2 · answered by JAMES H 2 · 0⤊ 0⤋
Of course he can't beat you up that's obvious. If he hasn't been served the restraining order he can't get into any trouble for taking your daughter because he's not aware of the order. Do what the other person said go to the police station to give him the restraining order.
*the police do a different function than the courts. unless the law has been broken there is nothing the police can do. In your case assault. Taking a cop to serve the restraining order is to prevent further problems but they don't deal in civil matters. In this case it isn't kidnapping.
2007-01-01 19:50:00 · answer #3 · answered by uknowme 6 · 1⤊ 1⤋
The sensible thing to do is to immediately contact your local police and file a report. They will probably tell you that you will need to talk to an attorney. Go talk to an attorney and take whatever legal advice he gives you. And in the end, if the justice system lets you down, kidnap your daughter and take her as far away from everything where absolutely no one will know where you are.
2007-01-01 18:21:26 · answer #4 · answered by truthseeker221 3 · 1⤊ 1⤋
Unless you are an unfit mother (drinking, left child alone, abuse etc) Then he can't. If you're the main carer for your daughter, then your husband has committed an kidnapping by taking your daughter out of your care. Report him to the authorities immediately. These days, deranged parents will do anything.
2007-01-01 17:59:25 · answer #5 · answered by Anonymous · 1⤊ 1⤋
I don't know of ANY state where a spouse can legally beat or in any way harm one or the other.In Texas ,If you filed a police report and filed charges , they can locate him and bring him back.Did you file kidnapping charges on hjm?Go back to the cop shop and talk to them.Good Luck.
2007-01-01 21:24:33 · answer #6 · answered by Texecan 1 · 0⤊ 0⤋
I dont think he can but I would take a cop with me when I went to get the kid just so if he touches you they will have more charges to place on him besides taking a child across state line without guardians permission.
2007-01-01 17:58:01 · answer #7 · answered by Anonymous · 2⤊ 1⤋
regardless of which state you live in, there should be kidnapping laws to help you, you do need to have some custody for that to help you though. you may want to look into getting a lawyer though...if you cant afford one, try getting a "pro bono" lawyer (free)
2007-01-01 17:59:13 · answer #8 · answered by kaka 2 · 1⤊ 1⤋
No he can't. And he sounds like a right asshole, puttin' his hands on you. If ya'll get back together, which I strongly advise against, and he puts his hands on you, fix some hot somewhat watery grits and pour it on him. Then beat ther hell out of him with a skillet. Then leave
2007-01-01 18:06:26 · answer #9 · answered by soldier slim 2 · 2⤊ 1⤋
By law he can't beat you up. I would have your police dept contact the police dept in husband's area to pick up child.
I don't understand why you are asking these questions of us. I can't believe that your local police dept can't answer your questions & I can't believe that you don't know that it is against the law for him to assault you.
2007-01-01 18:06:35 · answer #10 · answered by Judith 6 · 0⤊ 2⤋