QUESTION

Can a pregnant wife can hit her husband? If that happens, can the husband take the children with him?

Asked on May 28th, 2013 on Divorce - North Carolina
More details to this question:
The wife is hitting her husband because of nothing and he can take his children with him.
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4 ANSWERS

being pregnant does not justify domestic violence. If she is hitting him, he should seek and Order of Protection. If she is doing those acts in front of the kids, that is domestic violence against them and he can seek relief on their behalf.
Answered on May 29th, 2013 at 9:13 PM

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If you are in an abusive situation you should leave and take the children. You will need to apply for an immediate restraining order and custody of the children. You should consult a family law attorney or facilitator to assist you. The local domestic violence prevention group may also be able to help you.
Answered on May 29th, 2013 at 9:12 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Domestic violence is domestic violence, regardless of the condition of the perpetrator. He should get a protective order requiring her to move until she gets her act together.
Answered on May 29th, 2013 at 9:07 PM

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Family Law Attorney serving Durham, NC at Morelos Law Firm
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If you are experiencing any type of domestic violence (whether actual physical contact or suffering substantial emotional distress from threats of violence/harassment as legally defined), you should contact the police as well as try to file for a Domestic Violence Protection Order (aka restraining order/no contact order/50B order). In addition to getting a court order for the other person to stay away, depending on the facts, you can also make that apply to the children as well as seek temporary custody. You can also consider filing for a "Divorce from Bed and Board" based on domestic violence to get a court order to force a separation and the wrong doer to move out immediately. You should consult with an attorney about all such options ASAP.
Answered on May 29th, 2013 at 7:33 PM

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