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 offered for informational purposes only. You should not relay any confidential or priviliged material in this public forum. You should not rely on this post as legal advice. In order to obtain a more comprehensive answer to your question you should consult with an attorney of your choosing.
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
The Answer provided was based on the limited information provided, and represents information based on the law in general, not a legal opinion that can be relied upon. Before a formal legal opinion can be offered I would need an opportunity to review all possible relevant facts and circumstances. You cannot rely on the advice of an attorney given over the internet. The exact facts of your sitaution, including facts which you have not mentioned in your question, may completely change the opinion that is being offered. Please be aware that the above comments are neither protected by attorney-client privilege, nor may the same be the basis for a malpractice lawsuit.
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. The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.
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 could be considered attorney advertising.
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
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 and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed
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 analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here. Please visit my web site: www.mdrmlaw.com for more information about my services.
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 the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.
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.
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.
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.
Divorce Filing for divorce Divorce petitions and complaints Child custody Domestic violence and child custody Divorce and family Domestic violence and criminal charges Restraining order and criminal defense Protections against employer retaliation Filing a lawsuit Family law Civil rights Domestic violence and family law
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.