My sister is going through a divorce. He can't handle it, he's attacked her 3 times already, stocking and harrassing her, the last physcial was in front of their 5 yr old son. He said while holding her down on the floor "Do you want (their son) not to have a mommy, I'll kill you"
The divorce was going fine but this past month it has turned violent, they were going to have equal custody...That idea has definitly changed now.
This is scary and she's going through the legal process right now, is this strong enough case to have full custody?
2007-12-26 08:16:41 · 8 answers · asked by WINO86 1 in Family & Relationships ➔ Marriage & Divorce
she called to police right after this last attack. There's a warrent out for his arrest right now for domestic harrasment, the thing is - the warrent is issued for only one county because surrounding countys don't arrest on the first account of domestic harrassment.
2007-12-26 08:25:41 · update #1
She has a filled a restraining order now, it wont take effect until friday. So she has the son with family in another town while she deals with the legal stuff and changing the locks on the house. She's doing this with supervision so she's not by herself. They have a house together is why she hasn't moved yet - the house isn't selling fast but he has moved out.
2007-12-26 08:33:55 · update #2
Heck yes she'll get full custody!! She needs to be sure she asks for it.
Here is my story.... My now ex husband and I got into a fight. He was holding my arm down at the wrist. I am 5'1 he is 6'1. He stuck his leg out to trip me and I pinched him in the leg. The police were called by a friend because ex threatened this friend. When police came, ex told them I twisted his testicles. ( I didn't find this out until a month later) The police arrested ME for domestic violence. My 6 year old son was hiding in the bathroom. I spent 4 nights in the county jail. I have had 3 speeding tickets in 31 years that is the extent of my "record". I ended up getting disorderly conduct.
I ended up getting FULL physical and legal custody of my two sons.
GOOD LUCK TO YOUR SISTER, tell her to hang in there.
2007-12-26 09:06:37 · answer #1 · answered by Dani Bosco 5 · 0⤊ 0⤋
Does your sister have a good divorce attorney who knows about the violence? If not, she needs to talk to her attorney and ask family court for a custody evaluation. They are very standard right now and can be very useful to the court in determining what level of custody and visitation is allowed. They are usually performed by licensed psychologists who specialize in marriage and family therapy. Most mid and larger sized cities have family court set up for these types of evaluations. This is very serious business. Her husband could be homicidal and suicidal. Has she called the police and documented these incidences? Are there witnesses? You are right to be scared. You and her friends must rally around her to encourage her to take this seriously for her protection and that of her child. If your sister does not hav a restraining order currently in place she needs to get one immediately.
2007-12-26 16:29:14 · answer #2 · answered by kvcar2 4 · 0⤊ 0⤋
Youre going to have to have more proof then just your word as this becomes hearsay in court and the courts dont like hearsay. This comes down to your word against his and Ill guarantee you he will deny every word of it. Yes,you probably could have your 5yr old son testify but any defense attorney will unfortunately tear him apart to where he wont know wha was said. Also its evident the police dont have much evidence to go on since they issued a domestic harassment, which isnt worth much, instead of domestic violence with assault which would definitely put him in jail. Any of this violence will have to be proved in court to take away his visitation rights or strongly curail them since you will get be awarded custody as residential custodian parent along with child support if youre lucky enough to collect it. Hopefully, there are police reports to back upyour claims or all this could be for not and he could sue you for defamation of character and turn the courts against you. Sometimes what appears easy isnt. Forget using any hearsay without proof. Sorry for my answer but the law is what it is. Good luck
2007-12-26 16:41:10 · answer #3 · answered by Arthur W 7 · 0⤊ 0⤋
the abuse either has to be documented or witnessed, otherwise it is her word against his...no matter how unfair it is that is the way things go. Should she get her stuff together and get full custody she needs to fight for supervised visitation naming someone else as the third party to supervise and not her. Perhaps may even need to be a court appointed person.
2007-12-26 16:25:24 · answer #4 · answered by TexanBrat 2 · 0⤊ 0⤋
only if she has called the police and documented the abuse. otherwise it is her word against his. and since you said the divorce was going fine, without proof, to the court it will still look as if it is going fine. have her contact her attorney, he can tell her what steps to take to end the joint custody. and if she hasn't called the police, tell her to do so immediately. she may end up dead, and her kids without a mother.
2007-12-26 16:22:48 · answer #5 · answered by Anonymous · 2⤊ 0⤋
It's likely. She may want to request an emergency hearing. Also, if he's that violent, perhaps she should look into supervised visitations.
2007-12-26 16:22:09 · answer #6 · answered by KC 3 · 0⤊ 1⤋
She should get a restraining order against the jerk, next time it happens I hope she calls the cops. She should leave why hasn't she left him by now?????????/
2007-12-26 16:27:48 · answer #7 · answered by kim t 7 · 0⤊ 0⤋
WOW - I can't imagine a stronger case! That is so horrible!
2007-12-26 16:23:25 · answer #8 · answered by Anonymous · 0⤊ 0⤋