Legal Question in Family Law in New Jersey

Re: Kidnapping?

hi - it's not kidnapping if you move out while he is at work. i would, however, not leave the state of n.j.you should probably hire an attorney right away, however, if only to get a consultation as to your rights, obligations, plans, etc. if you do move out, you'll need to file for custody/child support, and so on. feel free to call me at 609 263-0089 if you have any other questions. good luck !!

Re: Kidnapping?

Thank you for your inquiry.

YOur leaving the marital home with the minor children of your marraige would only constitute "kidnapping" if you were to leave the State of New Jersey.

If you have any further questions regarding domestic violance and/or divorce, please feel free to contact my office at 732-246-0909.

Re: Kidnapping?

I am not quite sure why you are afraid to charge him with abuse because of his federal employment status. Are you afraid he would then lose his job? My first impression is for you to stay put. While he is at work one day, get a temporary restraining order and change the locks. The guy sounds like a bum and you've been putting up with him for too long. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since you have not retained an attorney in this case, before you take any action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

Re: Kidnapping?

You need to get out of that relationship as soon as possible. Please contact a local battered woman's shelter or group to help you with any counseling you may need but in the mean time, you have two choices regarding this: you can either obtain a restraining order and throw him out or move out yourself. As long as you do not leave the state of New Jersey, it is not kidnapping.

You should still file a restraining order regardless of what you do.

If you are reluctant to file a restraining order, please keep in mind that if your husband violates the restraining order, he will be arrested. You did not mention what position he holds in the federal government, if it is a position in which he is required to carry a weapon, then he would most likely lose his job. I do not know if he would lose it in any other position, that is something you would need to ask either an attorney familiar with employment law or someone who is familiar with the position your husband holds. If you are fearful of filing a restraining order because he may come back and attempt to hurt you, I understand that. That is why you need to contact a battered woman's group, a counselor who specializes in this. Your first priority is to keep your children and yourself safe. From there you can work on the legal aspects of separating yourself from your husband. Feel free to call my office 609-660-1300 or e-mail me, [email protected]