Legal Question in Family Law in California
abused wife rights
My husband has been verbally &now physically abusive to me has threaten, that I can leave but not with our kids(10and 8yrs old) when things r tense after a fight he becomes very controlling and possessive w/ our kids. I have people who will help me. I am wondering if I was to sneek out with our kids not letting him know where we were(I fear him) ONLY till custody was set. would this be child concealment/stealing. I don't want to walk out without my kids Ive tried and the head games with our kids& me was unbearable. Ive considered calling the police but now we have no phone and inthe past hes stops me from getting the phone.
3 Answers from Attorneys
Reply: abused wife rights
I suggest that you first consult with an experienced family law lawyer to set up the process in advance. Experience is not expensive, it's priceless!
You will find some valuable information on various family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: abused wife rights
You should not leave and go to a friends, but to a batter's women's shelter, with the kids. If you go to a friends, he may find you and that would put you, your children and your friend in danger. They can advise you what to do with respect to obtaining a restraining order. If you have funds or a credit card, you should obtain an attorney. Otherwise use the services that the batter women's shelter has available. From there, follow the advice of good counselors or attorney's. If you have battered wife's syndrome, which it sounds that you may, you need to rely on the good judgment of others. Good Luck, Pat McCrary
Re: abused wife rights
You could be committing the crime of kidnapping if you take the kids and conceal them. Instead, you need to get an emergency protective order from the court, allowing you to take the kids with you or requiring him to move out. You can usually get such an order within a few days. Contact me if you would like further assistance.