my kids father and I have been together for 13yrs and have 2 kids together. he abused me for years and I was too scared to leave or do anything legally. we got into a fight about 3wks ago,he was attacking me so I defended myself and busted his lip. he had me arrested for assult family violence causing bodily injury. he also put a magistrate order of protection against me for 61days. my question is what are my rights as a mother and can I go get my kids when the protection order is up?
More than likely the protection order is with the husband and not the children. Check with a local attorney to examine the protective order. You may want to file for a divorce & request sole primary custody with supervision by the husband because of the abuse.
You will need to assemble all of your backup information. Were the police called before this event, and was there documentation that he has been the aggressor in the past? It will be important when trying to get your children back that you have the ability to show that you are NOT the abuser in this scenario.
You should file a divorce petition asking for primary custody and for him to only have supervised contact with the children due to family violence. Have your attorney review the order of protection. Does it apply to the children? Contact an attorney right away, this is a complex situation and you want to make sure that you are protected.
You need family law counsel. You are a perfect example of the victim who becomes the accused because you did nothing about your abuser for too long and you were solely operating on and out of fear. Go to a family violence program in Tarrant County and get resources for victims but get legal help. You need to file your own family violence protective order against him, and you need to file a vacate the emergency magistrate's order.
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