What to do in divorce when wife threatens to call police for domestic battery when nothing has happened.

Asked over 3 years ago - Los Angeles, CA

When I was 23 I was sent to prison for domestic abuse. I married a different girl soon after I got out and had a child with her. Almost ten years later we are getting a divorce. I am afraid to be around her or my daughter because she knows she can use my past against me and put me prison... She has done this before but the charges got lessened and I just had to do jail time. I am clean and sober and do not threaten violence to her or my daughter but I am considering up and leaving for a while just to save myself from wrong accusations that could ruin my life. What can I do?

Attorney answers (2)

  1. Bernadette Maxine Marcy

    Contributor Level 10

    Answered . This is a tough question, however, just know that if you take off for while and do not visit with your daughter, this can negatively affect visitation with your daughter. Keep communication with mother to a minimum and refrain from negative comments against mother verbally or in writing. You should consider having custodial exchanges at a local police station or somewhere public where witnesses will be present in case she says you started something with her.

    Disclaimer: This answer does not constitute legal advice, and should not be relied upon as such. Each situation is fact specific and therefore any legal evaluation may vary. Please note it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents at issue. This answer does not create an attorney-client relationship.

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  2. Richard Forrest Gould-Saltman

    Contributor Level 19

    Answered . You need to file for dissolution (divorce) get a custody plan and order in place, and spend appropriate time with your daughter, but spend NO more time around your wife. If she's willing to put you in jail, then you need to be AWAY from her.

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