Legal Question in Family Law in California

Re: Abandonment?

Leaving the family home to escape physical or emotional abuse would not be considered abandonmnet. If you are not safe in the family home why do you believe that your children will be safe. Although he may not have abused them in the past, you will no longer be there for him to take out is frustration on. You should contact an attorney or the family court law clinic about getting a temporary restraining order, tro, removing him from the home pending a hearing. Such orders are regularly granted by the court when the facts justify them. If you cannot get the tro then consider finding a battered woman's shelter for yourself and the children. Leaving the children in the family home gives your husband an advantage in the custody issue and may even assist him opposing a restraining order.