say she is leaving him... he is verbally, mentally and sexually abusive... she wants to move far far away and bring their young son with her... will that look bad in a divorce or custody battle if one should arise? i'm not even sure if he wants the boy. can you assist me in gearing up to help this woman?
2007-03-04 06:54:43 · 12 answers · asked by fullofsugaw 5 in Politics & Government ➔ Law & Ethics
what is a tro
2007-03-04 06:59:23 · update #1
if I were that woman, I would do what I need to do without telling the whole world about it. Get my drift? However, if the guy really is abusive, she better start a paper trail to aid her case...in other words, report it.
2007-03-04 06:57:22 · answer #1 · answered by Guess Who? 5 · 0⤊ 1⤋
If he is mentally, verbally, and physically abusive then she needs to get documentation of this. Shee needs to call 911 next time he attacks her in any way. If he hurts her physically she needs to go to the ER or a free clinic taking a disposable camera with her and take pictures there and also ask the hospital to take pictures. If she is serious, she needs to file a restraining order against him listing every single reason she can think of. The more things like this she does, the more records and paperwork that she can bring with her in a possible custody/divorce battle. The more things like this she has to back up her accounts of abuse, the stronger her case will be. If she is serious then she needs to do everything she can think of to legally document what happens. As far as leaving the state, that depends on the laws of the state she lives in now. Tell her, or you can, to talk with a local lawyer or even a police officer. Explain that there is a background of abuse and that she is in fear of her and her child's safety. The most important thing is for her to document everything and get a restraining order aginst the man. She should go out and file the paperwork for that right away. What she does need to be prepared for is things escalating and getting more dangerous. If she doesn't know how to defend herself, she needs to get into self defense classes and find a shelter that offers counseling for battered women. She needs to be around other people that understand and can help her to stop letting him make her the victim. She needs help in getting past this for her future as well, because otherwise it may be very hard to have a healthy relatioship in the future.
2007-03-04 15:07:22 · answer #2 · answered by x_lil_redangel_x 3 · 0⤊ 0⤋
She should report the abuse to the police and get a temporary restraining order (TRO). Move away from him but consult an attorney before taking the child out of state just to be safe.
2007-03-04 15:12:02 · answer #3 · answered by Starshine 5 · 0⤊ 0⤋
It would be considered kidnapping (sorry) and it would look bad in the divorce. What she can do is go to Nevada and file a no fault with full custody and as long as he is notified and does not protest she is in the clear. As long as he allowed her (in writing) to take the child on vacation without him - she will have no issue of kidnapping.
She could go to a woman's shelter and ask for legal help and get a restraining order to protect her. Shelters can be an immeasurable help in navigating this situation while protecting her and her child. Good Luck!
2007-03-04 15:00:19 · answer #4 · answered by Walking on Sunshine 7 · 0⤊ 1⤋
She must file a report with the police. She must charge her husband with sexual and mental cruelty. After he is charged, she should get a divorce and total custody, if the man doesn't want the child it should be pretty easy to get full custody. then she can go whenever she wants without fear .
2007-03-04 15:13:23 · answer #5 · answered by atantatlantis 3 · 0⤊ 0⤋
My best friend fled to her parents home in another state to get away from her and her children's abuser.It was used against her and she lost both of her children.They would rather give custody to an abuser than to the mother that did what she thought she had to to protect herself and her children.
It will look bad for her if the father decides to pursue it.He can claim she kidnapped the children and deprived him of a life with them.
It would be better for her if she didn't go this route,even though I understand her reasons for wanting to do it.I saw what happened to my friend,never in my wildest dreams would I imagine that she would lose her children.
2007-03-04 16:38:15 · answer #6 · answered by Jan 7 · 0⤊ 0⤋
Tough situation.I don't know what state she is in but there are laws.She could get in trouble for kidnapping even though it her child.She has to seek professional help through the police, shelter get a restraining order against that S.O.B.She has to do it now before its too late.Good Luck
2007-03-04 15:02:01 · answer #7 · answered by Lisa 3 · 0⤊ 0⤋
She will be charged with Kidnapping and may lose custody of the child altogether. Not a smart move on her part. She needs to think of another way.
2007-03-04 14:58:18 · answer #8 · answered by Anonymous · 0⤊ 1⤋
the mother should indeed take the child. No telling how dangerous the father really is. He may be a sociopath bent on driving her to insanity or suicide. that is no way for a child to live
he deserves to see his mother happy.
And no telling if he took out life insurance on her and want to kill her!
2007-03-04 15:05:45 · answer #9 · answered by john b 1 · 0⤊ 0⤋
Its kid napping.
Before you leave, file for a TRO and the divorce, with out him knowing.
2007-03-04 14:58:23 · answer #10 · answered by Anonymous · 0⤊ 1⤋