If someone has an order of protection in place against their spouse...which states they can have no contact with the petitioner or the children for 30 days until the case goes to court, can the petitioner then take the children and move out of state prior to the temporary custody hearing? ...leaving the other party with no evidence of where they've gone?
2007-05-02 09:34:55 · 12 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Here's more info: I have been a victim of domestic violence by my husband for 3 years now...and he has 3 previous charges in the state of TX...last week he assaulted me again while holding my hair and my neck and holding my face over a pot of boiling water....in self defence I grabbed the first thing in front of me which was a box of saran wrap and started hitting him with it....the sharp edge on the box cut him (barely breaking the skin) on the arm....and before I could get loose he called 911 and had me arrested...I was served with an order of protection which prevents me from going home, seeing or talking to him or my kids in any way....my family was allowed to have phone conversations with the kids and my sister found out yesterday that he left the state on Sunday and moved he and the girls back to TX.
I've been a victim of violence for 3 years now and because I tried to defend myself, I'm being treated as a criminal, charged and he's left the state with my kids!
2007-05-02 09:52:05 · update #1
If the spouse can't have contact until the hearing anyways, it shouldn't matter if you leave the state, as long as you show up for the custody hearing.
I would call the district attorneys office on that one. You definitely don't want any charges brought against you, it could jeopardize the custody.
Good Luck to you.
I thought he was the one with the order against him and you wanted to leave. I would still call the da's office and try to find a domestic violence center for women in your area. I'm sure they will know what you can do in this situation. Maybe the center can help you get an attorney who specializes in these types of cases. Why wasn't he arrested this last time? No marks on you I pressume. I'll say a prayer for you and your children. Good Luck.
2007-05-02 09:50:34 · answer #1 · answered by Lisa 5 · 0⤊ 0⤋
No they cant do that you can get them for kidnapping and going across a state line.You need to get ahold of the DA who is prosecuting the case and let him know and report the situation before it becomes more serious. My ex son in law did this and took my grankids to a Federal reservation and now my daughter does not see the kids and may only call once a month.while he had them for 7 days he took that opportunity to file for custody.Get help now don't wait.
2007-05-02 09:43:14 · answer #2 · answered by furby_lost 5 · 0⤊ 0⤋
Sorry, but this sounds like the act of a woman escaping an abuser to me....better check out both sides of the story before you go any further with this line. Good luck
2007-05-02 09:41:41 · answer #3 · answered by Anonymous · 2⤊ 0⤋
NO NO No NO--CALL pD and file a kidnap order or missing children report or whatever they call that---be sure to provide them with the a copy of the court order
2007-05-02 09:42:18 · answer #4 · answered by sunbun 6 · 0⤊ 0⤋
I dont think you can move without the courts permission. Check with your attorney. Im not sure what you case is, were you married. Best thing to do is get some free legal councel.
2007-05-02 09:41:44 · answer #5 · answered by stormey_84074 3 · 1⤊ 0⤋
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2016-10-04 06:51:42 · answer #6 · answered by ? 4 · 0⤊ 0⤋
No they are not allowed to leave the state unless it is stated in the Protection Order. If "CPS " is involved then they don't have to tell you anything.
2007-05-02 09:47:29 · answer #7 · answered by Desiree G 2 · 0⤊ 0⤋
No, you would have to notify the courts and other party that you are leaving. Consult the courts or an attorney though.
2007-05-02 09:43:04 · answer #8 · answered by Stareyes 5 · 0⤊ 0⤋
no they are not allowed under nay circumstances to take the kids out of state its a violation of the order...call police
2007-05-02 09:44:56 · answer #9 · answered by debbie v 4 · 0⤊ 0⤋
Nope - that is kidnapping. And you will not want to pay the consequences for that one, my dear. Wait out the month, go to court and work it out. Do it for your children.
2007-05-02 09:40:21 · answer #10 · answered by Tangled Web 5 · 0⤊ 0⤋