WHEN I MENTIONED DIVORCE HE THREATENS TO TAKE CHILDREN AWAY. DO I NEED A RESTRAINING ORDER. THREATS OF MANY KIND.

Asked over 1 year ago - Cherry Hill, NJ

I WANT A DIVORCE AND HUSBAND HAS MADE MANY VERBAL THREATS. WANT TO PROTECT ME AND MY CHILDREN

Attorney answers (12)

  1. Thomas S. Durst

    Pro

    Contributor Level 14

    7

    Lawyers agree

    Answered . If you feel your safety and well being are at risk you should seek a restraining order. In addition, you might want to consider filing for divorce ASAP and seek an order prohibiting from fleeing with the children.

    This post is not legal advice and does not create a confidential attorney-client relationship. It is being... more
  2. Kenneth A White

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Seeking a divorce and the possibility of seeking a Restraining Order are two, seperate matters. If you have a legitimate fear for your or your children's health, safety as a result of your husband's "threats" than you may very likely wish to seek the protections of a Restraining Order. If you have determined that your marriage is dead, regardless of whether you seek a Restraining Order, you should likely move forward with seeking a divorce. For more specific, detailed information you should meet with an experienced family law attorney who can take the time to review with you all the relevant material.

    Kenneth A. White, Esq.
    New Jersey Family Law Attorney
    732-819-9100

    The Answer provided was based on the limited information provided, and represents information based on the law in... more
  3. David Perry Davis

    Contributor Level 17

    3

    Lawyers agree

    Answered . Way too many unanswered facts to opine. What does "threatens to take children away" mean in the context of your arguments - have a judge award him residential custody or flee with them to another state or country? Whether there's anything you can legally do about depends on what's being said. Since you may have custody issues, as has been previously said on topics of this level of importance, some questions here can be quickly, easily, and accurately answered. Others cry out for getting a professional legal opinion and a formal consultation with an attorney who specializes in Family Law. You're in that second category.

    I'm not one to punt every question here with "get a lawyer". but think of it this way: If this were a medical questions site and someone asked what the proper dosage of Tylenol for a 180 lb man is, it could be answered quick and clean. But - if someone posted a question saying they had severe chest paid radiating down their left arm... you'd say "get to a professional ASAP." You're asking a question here that's the equivalent of telling a doctor you have chest pain.

    IF YOU LIKE THIS ANSWER AND APPRECIATE THE TIME IT TOOK TO WRITE IT, PLEASE SELECT IT AS "BEST ANSWER." Thanks.... more
  4. Ronald Glenn Lieberman

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . You should be filing a request for a temporary restraining order if you believe he committed harassment/threats and are in fear for your safety or from further acts of domestic violence.

    DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree... more
  5. Yolanda Navarrete

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I agree with the responses you have gotten here. I further advise you to buy a voice-activated tape recorder and record his threats. These will be used as evidence in case of litigation, when he says you are making this up.

    Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to... more
  6. David Alexander Browde

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Consult a local attorney ASAP.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more
  7. Barbara Peyton

    Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered . You need to file papers for a divorce and a restraining order. In your documents you need to relate all threats. the last thing you want is for him to disappear with your children. See a family law attorney in your county for some immediate assistance and advice on the law in New Jersey
    Good luck
    Barbara Peyton

  8. Jennifer Anne Brandt

    Contributor Level 3

    Answered . If you feel that there is an imminent threat to your safety or the safety of your children, you may want to consider filing for a restraining Order. If you want a divorce, you should go ahead and file. As part of the divorce you can address a custody/parenting time schedule for your children.

  9. Jamie Elizabeth Galemba

    Contributor Level 2

    Answered . Depending upon the kinds of threats your husband is making, you may be entitled to a restraining order. Obtaining a temporary restraining order, which may include custody and parenting time provisions, is relatively simple since it is generally based upon solely the applicant's complaint. However, if you fail to obtain a final restraining order, then you may find you have created unnecessary hostility. Knowing whether or have a valid case for a restraining order prior to filing can help you determine if you should file for a restraining order or for some other form of relief. Of course, if your husband is endangering your life or your children's lives, then you should seek protection. It is not acceptable for your husband to be threatening to take away your children in retaliation for you filing for divorce.

  10. Michael J. Schewe

    Contributor Level 9

    Answered . I echo my colleagues statements. A restraining order is a civil restraint to be used if you feel that you or your children are at risk, but it is separate from a divorce action. If you wish to be divorced, your husband cannot threaten to take your children away. Consult with a family law attorney to protect your rights and your family while filing for divorce.

  11. Michael Albert Dedecker

    Contributor Level 9

    1

    Lawyer agrees

    Answered . Many states have specific divorce petitions that include applications for a restraining order/stay away orders and can be filed at the same time. The court will evaluate your motion for facts to see if there is an imminent threat to your safety or health or your childrens as well. Often times, temporary orders are granted upon a showing that verbal threats were made and your apprehension was reasonable. I would definitely suggest consulting with an attorney though as this matter can become very complex. Good luck!

    The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may... more
  12. Joan Amendola Coulter

    Pro

    Contributor Level 9

    1

    Lawyer agrees

    Answered . If you feel that your safety or that of the children is at risk you can petition the court for an order of protection.

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 Custody in a Divorce

Child custody may be physical or legal. Physical custody covers who the child lives with, and legal custody is the right to make decisions.

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