My husband is threatning to harm our child but i am ordered to return the child in to hours, how can i prevent returning him?

Asked over 2 years ago - Chicago, IL

I HAVE TO RETURN OUR CHILD IN TO HOURS. I am going through a divorce , and I entered into an temporary custody order and I have to return my child from visitation and he is threatning to harm my child because I reported the behavior and past and present threats. Is there a way to prevent me from returning the child? I don't want to go to jail or for my husband to harm our baby.

Additional information

I can not get an emergency order tonight, so what will happen I go in the morning to see the judge for an emergency order? Will i go to jail for not adhering to the order?

Attorney answers (4)

  1. Elizabeth A. Demonte

    Contributor Level 11

    17

    Lawyers agree

    1

    Answered . You need to talk to an attorney asap about an order of protection. Usually emergency orders of protection can be filed without notice to the opposing party. Do you have an attorney? If not, then contact one immediately.

    Elizabeth A. Demonte Anderson & Associates P.C. 630.653.9400. The statement above is general in nature and does... more
  2. Judy A. Goldstein

    Contributor Level 20

    16

    Lawyers agree

    1

    Answered . You weill not go to jail. If you cannot get an emergency order tonight, call the police and tell them you are afraid and you will not return your child tonight. Then go straight to the courthouse tomorrow and get an Order of Protection. If you have a lawyer, call your lawyer immediately,. If you do not have a lawyer, hire one as soon as possible.

  3. Peggy Margaret Raddatz

    Pro

    Contributor Level 20

    15

    Lawyers agree

    Answered . Do you have witnesses? Are you the custodial parent? Returning the child for or from what? If you have a temporary custody order why are YOU returning the child from visitation? The facts here do not add up . You need to go talk to a lawyer in person. I will not tell you on here to violate a court order. If there was any threat of harm to the child why isn't there supervised visitation.? Too much missing information here.

    IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO... more
  4. Barry Cahn Boykin

    Contributor Level 16

    10

    Lawyers agree

    1

    Answered . I agree with the answers of other counsel.

    Please note that in Chicago, the Petition for Order of Protection must be brought before the same judge handling the divorce UNLESS there is an underlying crime for which the parent threatening harm will be brought to criminal court.

    Your answer also doesn't state whether you have a lawyer for the divorce. If you do, then you should contact your lawyer immediately. Sometimes the lawyers in the divorce case are the last to know about orders if protection and the judge in your divorce case also has the power to grant an order of protection request.

    The information provided here should not be construed to be formal legal advice. The provision of this general... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Child Support

Child support is the money paid from one parent to another for expenses resulting from the other parent’s custody of a child or children.

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