He is her father but hasn't worked and neither one of us have any money but he threatens me that he will take her and that his family has money
Criminal Defense Attorney
He has to have committed some act of domestic violence in order for you to get an injunction. You cannot just go get one because you want one, there is a threshold that must be crossed.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida. If you wish to contact the above attorney, see his profile at this website.
If he is the father and/or you live together you can file a temporary restraining order (injunction for protection against domestic violence). You will need to file a petition for both yourself and a separate petition on behalf of the child. This should be done immediately if there has been an act of violence or you are in imminent fear that such violence will occur.
Family Law Attorney
You need to go downtown to the Clerk of the Court and ask to file a Domestic Violence Injunction. It is free and you will get immediate relief. You should probably consult with a family law attorney as well and find out what your rights and his rights are. Most AVVO attorneys offer a free initial consultation as do I. You should consult with an attorney ASAP. Good luck.
B. Elaine Jones, Esq.
Divorce / Separation Lawyer
In the short term, you can get an injunction to prevent domestic violence. This is not a long term solution however because if he is the father of the child he has the right to have frequent and meaningful contact with the child and if he asserts that right he will get it. So if he pushes it, you will have to deal with him for the next eighteen years, and maybe longer than that. So you might want to seek a more long term solution than simply getting a domestic violence injunction.
1 lawyer agrees