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Hi, my daughter is separated from her husband here in the state of Florida, her husband is extremely verbally abusive

Eustis, FL |

He is verbally abusive towards her in front of the children (one of which is not his) at times threatening to hit her, and has even raised his fist to her, all the while screaming profanities at her at the top of his lungs, we talked to the local police, they won't do anything, she is staying with my wife and I now, but the police did tell me that if I stop him from seeing the children, I could be arrested, he is not fit to be left alone with them, as he has mental issues, having been clinically diagnosed as "psychotic with psychitzo effective, and he leaves things like knives lying around, the youngest son is 3, and will get busy doing things and not watch him, so when my daughter HAS to let him see them, she HAS to go to his house with them, she is in a living hell. HELP !! ??

Attorney Answers 6

Posted

Get your daughter a lawyer. He/she will be able to do something. File for divorce and request sole custody. File a domestic violence injunction.

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2 comments

Asker

Posted

Thanks Larry, but unfortunately, I was laid off, and lost it all, even our house we owned for 9 years, so, no money for a lawyer right now, I have talked to our family lawyer, he is a very good lawyer, and friends with all the judges, state attorneys, handled most of their divorces,lol. But he wants 3500 to get started, he will get the ball rolling with 1/2, (1750.00) may as well be a million right now though!

Larry Thomas McMillan

Larry Thomas McMillan

Posted

Sorry to hear that, good luck with your daughter and grandchildren.

Posted

She can file for an injunction if he has threatened to do her harm. Good luck.

www.BryceFetter.com

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1 comment

Asker

Posted

She is afraid to, afraid he will be even more of an ass about seeing the kids, as it is, he, is constantly asking to have them spend the night, and I guess legally, as far as I have heard, he can come get them whenever he wants, no money for a lawyer, we talked to the courthouse state attorney, and they said the injunction will be for 15 days, then will come up for review before a judge as to whether or not it can be extended

Posted

This is a very serious question, and deserves a thoughtful response. First, you say that you must allow the father of the children to be alone with them. I need to know if a Judge has already issued a Temporary Order stating that or is this just what the police are saying? If you can let me know that, I can answer better.

This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq. 727-456-0032/ 727-488-8272 familylawyer411.com/about-carin https://www.facebook.com/pages/The-Law-Offices-of-Carin-M-Constantine/125967577416313 http://www.linkedin.com/pub/carin-constantine/b/861/445

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Posted

I would advise your daughter speak with an attorney ASAP. She may meet the threshold for the filing of a Domestic Violence Injunction, but there are specific standards and she should consult with a lawyer to ensure compliance with those requirements. The police are correct in that if the parties are still legally married, and there are no court orders limiting his contact with the children, he has the right to spend time with the children as does your daughter. Self-help, or in this case, help through grandparents, is strongly inadvisable. Your daughter needs to seek the Court's relief, whether through injunction court or family court (divorce) ASAP. Please feel free to contact me for a consultation.

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2 lawyers agree

Posted

Your problem requires more attention than can be printed here. We offer free consultations on family matters.

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1 comment

Asker

Posted

Thanks, I have a good attorney we spoke with, but I don't have the money to move ahead now

Posted

Call the National Domestic Violence Hotline at 1−800−799−SAFE(7233) / www.thehotline.com

Educational purposes answer. | FACDL.org | NACDL.org | Defendme.net | twitter.com/JReganLLM | Non-privileged answer.

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