Q: My husband and I are going through a divorce. He has been emotionally abusive for most of the marriage. He is generally passive aggressive but has escalated to threatening to "beat the S**t out of me in front our daughter. About 6 weeks before we split he raised his hand to me in anger in front of our daughter and I did make a police report. Now that we are separated for almost 1 year he is sending nasty text messages calling me derogatory words, telling me he won't let me see the kids on Sun., and other bizarre comments.
I am concerned because this is similar to his escalating bad behavior in the past and I am truly afraid of him at this point because I am not sure of what he is capable of. All of his rage is directed at me. Can I get an order of protection? Will it make me look bad?
A: David's Answer: Mere words may not suffice for an order of protection, but words coupled with a threat of imminent action do. Thus, his threat to hit you & raising his hand would seem to me to suffice to satisfy a cause of action for menacing. I would also suggest that you communicate to him in writing (text or e-mail) that he cease communicating with you on any issue other than the children & refrain from using derogatory language. You should also consult a Dutchess/Westchester Family Law attorney. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
Mediation is the process in which parties attempt to settle and resolve disputes, divide property, and determine child custody issues using a Rhode Island Mediator. The purpose of the mediation process is an attempt to curtail a long, contentious and expensive court battle in Rhode Island Family Court. A mediator is a neutral third party who seeks to facilitate a settlement or compromise rather than decide the case.cheating husband nc.
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