Legal Question in Family Law in Idaho
false domestic violence and custody
My wife had me aressted for
domestic abuse . There was none
and the accusations are false. I
have been given a temporary
restraining order. She has packed
up the house and is in the process
of moving to another state to live
with another man. I do not want to
break the restraining order but
would like contact with my children
as soon as possible. Who would I
contact in the state of Idaho so that
I could do this? We curently live in
Nevada. I am also thinking of filling
for divorce in Idaho so that my
children will not have to go through
this anymore. How will the order
pertain to the custody ? The charges
are false and will be proven so at my
hearing
3 Answers from Attorneys
Re: false domestic violence and custody
You will be required to file in Nevada because that is where the children have lived for the past 6 months. Idaho can only make you single people and not resolve child custody until the children live in Idaho and if Nevada enters a custody order, neither parent lives in Nevada.
Re: false domestic violence and custody
If you are resident of Nevada and you, your wife and the children have all lived in Nevada in the last 6 months you need to file in Nevada. You also need to file a complaint for the divorce along with a Joint Preliminary Injunction right away and have her served to prevent her from moving from Nevada.
Re: false domestic violence and custody
Good afternoon. Thank you for your inquiry. If you have lived in Nevada with your wife and children for the last 6 months then you are considered residents of Nevada.
Any court documents you wish to file regarding a divorce or custodial matters must be filed with Nevada Family Court.
If you are charged with domestic violence and desire to obtain custody of your kids it is essential that you beat that case. A domestic violence conviction will be a huge hurdle to overcome when presenting your family law case.
My office handles both criminal and family law matters. Should you wish to speak with an attorney contact my office and we can schedule a free consultation.
Best Regards,
Jim Herbe