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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?

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.

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. 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 not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.


  2. 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.

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  3. 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.


  4. 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 advice does not create a lawyer-client relationship. Persons with legal questions are encouraged to seek independent counsel for advice regarding their individual legal issues.

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