How do I get permission to leave state with my daughter after a restraining order?

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How do I get permission to leave state with my daughter after a restraining order?

I filed a restraining order a week ago monday, have no job, no car, no money (husband of 27 years) has controlled my life and been abusive. I have to return on the 31st to renew order. Should I ask then for permission to leave state with my child. Should I file for custody on my own ASAP? I have no money for a lawyer, no family here. I have 4 children 3 grown and a 4 year old. The adult children are willing to testify to the effects he has had on their life and why I should be allowed to leave. I don’t want to waite until divorce is filed I will end up homeless by then. How do I do this?

Asked on August 25, 2012 under Family Law, Massachusetts

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your order controlls what you can and cannot do.  Most retraining orders put restrictions on the abusive partner, not on the victim.  If the restraining order doesn't says that you are restricted to one state or one certain area, then you can leave.  If the order does have a restriction, talk to the attorney or agency that helped you get the restraining order... they should be able to get a modification pushed through to lift any travel restrictions.  Once you do get relocated, work with a non-profit legal aid organization to get more formal and long-term orders in place for the safety of yourself and your child.


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