Legal Question in Family Law in New Jersey

husband out of house/children out of state

After 5 1/2 years of marriage and 3 young children, my husband recently had a moment of complete rage during a very peaceful disagreement and spit in my face and shoved me. I know this would constitute domestic violence, but my questions are:

1) With no family for me to turn to in NJ, would I be allowed to make a trip with my kids out of state (New england) to be with my parents for a long weekend without asking my husband?

2) If I was to determine divorce is something to consider, can I have him removed from the house?


Asked on 9/02/07, 11:32 pm

3 Answers from Attorneys
Robert Davies The Davies Law Firm, P.A.

Re: husband out of house/children out of state

I have read what the other lawyers wrote.

You really should NOT try to do this a little piece at a time. You should sit down with an attorney, get some advice, and take some time to decide what you really would like to do.

Please call my office if I can assist you. You can then decide how you would like to proceed.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 9/04/07, 12:14 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: husband out of house/children out of state

For a weekend yes, to move there, no, you need a court order. You should contact the police about a TRO or you can speak with an attorney about the whole situation first.

My initial consultations are always free, so call me at 732/247/3340 to discuss your case.

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Answered on 9/03/07, 10:31 pm
Gary Moore Gary Moore Attorney At Law

Re: husband out of house/children out of state

You can go to New England for a weekend with any problem. A domestic violence restraining order re3moves him from the house.

Call me if you like, but not right now.

Gary Moore, Esquire

Hackensack,New Jersey

www.garymoorettorneyatlaw.com

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Answered on 9/03/07, 1:39 am


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