Legal Question in Family Law in Minnesota

Re: Child custody and probation violations

You've got a serious decision to make here. You need to decide that your safety and your children's safety is your most important job now.

(1) If he's violent, he's a danger to the children.

(2) If he remains in the house, he's a danger to the children, CFS will consider the children at risk again, and remove them again and for as long as Husband in the house.

(3) CFS might consider that you aren't protecting the kids because you let him stay in the house.

You believe if you call the police to have Husband removed from the premises, CFS will take the kids. BUT -- I'll bet the Court issued a no-contact order as a condition of his release from jail. If you live in Missoula County, try calling the Judge's assistant or the clerk of court, tell the clerk or assistant that Husband/Defendant is in your house and won't leave, and ask if the conditions of Husband's release include a no-contact order regarding you and the kids. If it does, then call 911, tell 911 Dispatch that Husband is violating the no-contact order, and you need an officer to come. If they don't help, then call the Crime Victim Advocate's office for an appointment to get an order of protection. Shouldn't be hard if he was arrested for violence against you or the kids.

Go to Ace Hardware, buy new locks for all the doors. Secure the windows. Give your neighbors copies of the Order of Protection and tell them to call 911 if they see him come around. You call 911 if he comes around.