Legal Question in Family Law in California
Marriage on the rocks
My daughter's marriage of over 10 years is on the rocks. Her husband has caused a lot of damage to their house and personal property. He has been verbally,physically, and emotionally abusive to his wife when he is having fits of anger. There are two minor children also being affected in this matter. My daughter is almost immobilized by his actions and his words. She says that she wants to end the marriage, but can not seem to follow through with her desires. About a year ago I helped her get started in getting a restraining order, but then she never followed through with finalizing it. She seems unable to finish anything that she starts out to do. This has been going on for some time now. I want to help, but do not know what to do, or if I can do anything. Can someone provide suggestions on what can and should be done with this situation?
1 Answer from Attorneys
Re: Marriage on the rocks
Your daughter is at risk of losing her children. The abuse you described if disclosed to CPS will result in the children being removed from her custody and placed in a foster home. She needs emotional help. Get her to a mental health professional for help. To protect the children from potential serious injury give a very short deadline to get a domestic violence restraining order or you will report her situation to CPS.