Legal Question in Family Law in California

Post-Divorce Domestic Violence

I divorced my ex-husband because he was violent and controlling. Filed restraining orders when things first got bad. A year ago, I had to file another one becuase he struck our daughter. Judge on the case refused to extend the TRO and let him off with co-joint counseling with the daughter he struck. This misery has gone on for 10 years. Eldest daughter 16, is promiscuous, (now pregnant)violent, involved with gangs and drugs, and is fond of saying she is like her father. 13 year old daughter is miserable with the custody arrangement but feels trapped in it. Is it too late to relocate myself and the children to my homestate in hopes of escaping this man's abusive and extremely controlling behavior? he is a con artist who artfully dodges paying his fair share of child support, and our family has money problems the children have started to blame me for. He enjoys kudos from his family for being a ''good father'' but he does not lift a finger to parent these children and prefers being a buddy to being a father. Anything I can do about any of this? My family is falling apart. If I could get a moveaway order to move near my family, life could get better. Do I have a chance?


Asked on 12/14/07, 7:00 pm

1 Answer from Attorneys
Elizabeth L. MacDowell Law Office of Elizabeth L. MacDowell

Re: Post-Divorce Domestic Violence

You may have a chance, you may not. The odds depend on more facts than are given here. You would most probably face a custody evaluation, and whether you want to risk that under the circumstances is something you need to discuss with an attorney experienced with domestic violence and evaluations. What is clear is that you and your children are in a great deal of distress that needs attention whether you move or not. I strongly advise you to get the children and yourself into counseling asap if you have not already done so. There are free resources available to victims and their children. There are links to DV resouces from the links page on my website.

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Answered on 12/16/07, 3:08 am


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