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.
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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
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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.
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Consult a local attorney ASAP.
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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.
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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.
If you feel that your safety or that of the children is at risk you can petition the court for an order of protection.
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
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