If I need to get a protective order on my husband for myself and my children, and I file for divorce, if he tries to file at the same time, who will it be said that filed first?? say if he files when he is given the protective order, how long does it take to file for divorce, once you go to start them, would a domestic abuse shelter help me? when should I file? before or after a protectionorder is given? if I feel I need protection?
2007-12-31 08:52:30 · 2 answers · asked by l 2 in Politics & Government ➔ Law & Ethics
He is in the Millitary, not deployed, but away in another state threatening me, but I fear for when he comes back home, I would never want the kids alone with him in a divorce! what kind of husband threatens to rape there wife and cause pain! and if I don't obey he will divorce and take the kids away , he has not seen the kids in over a year, (he doesn't really care about them ) but he is revengeful, just to hurt me, I have never called the police on him in the past, will I be believed? should I wait till he is home to get the ball rolling?!
2007-12-31 09:08:00 · update #1
How long things take depends on what state the case is in and if there are children involved.
It is not a race to file and it is not a case of the one that files first "wins"
A domestic abuse shelter can help you, but they can not be your lawyer. They may have resources to help you find a lawyer that can help regardless of your budget.
The protective order and the divorce are two separate issues. Divorces take months. File for the protection order right away. Do not wait for the divorce.
2007-12-31 08:59:11 · answer #1 · answered by davidmi711 7 · 0⤊ 0⤋
They will propbably schedule you for the same hearing. Once they get everything together and notice you are filing on eachother it works better for the court to have both hearings at the same time. That said if you really feel in danger go to a shelter. Also contact legal aide in your city for more resources. They may even be able to point you in the direction of lawyers who specialize in domestic abuse/divorce issues. You can file whenever you want but if you realy feel endanger get to a shelter and they sometimes have advocates who can get you started bt they are not lawyers they just know the general direction to go in. Contact your courthous too they usually have advocates that help with restraining orders also. Make sure to specify in the order that you want primary custody of the kids. I also know from experience the more into detail you go the better. Good luck to you.
2007-12-31 17:12:23 · answer #2 · answered by D-Dub 2 · 0⤊ 0⤋