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

Asked over 1 year ago - 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)

  1. Gwen Cryer

    Pro

    Contributor Level 10

    2

    Lawyers agree

    Answered . 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.

  2. Larry Thomas McMillan

    Contributor Level 15

    Answered . 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.

  3. Bryce Aric Fetter

    Contributor Level 15

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

    www.BryceFetter.com

  4. Carin Manders Constantine

    Pro

    Contributor Level 19

    Answered . 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.... more
  5. John P Wallace

    Contributor Level 11

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

  6. James Regan

    Pro

    Contributor Level 20

    Answered . 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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