If my husband is abusive and I worry for the safety of myself andmy children, can I move to another state with them and file a protective order?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

If my husband is abusive and I worry for the safety of myself andmy children, can I move to another state with them and file a protective order?

We have been living in our current state for less than a year and therefore not yet residents. I would like to move to another state where I can start over with the children.

Asked on October 5, 2011 under Family Law, West Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Although the safety of you and of the children is really the most important thing here, moving to another state with them just to "start over" may not be enough to shield you from allegations of kidnapping. You did not state any reason that a court could look at for choosing to move states.  Is it to move back with family who can help you with the kids?  Is it because you have been offered the job of a lifetime and you need to move to support yourself and your children to become independent from your abusive spouse?  Do you see where I am going with this?  Otherwise I think that you should file for a protective order in Went Virginia and start divorce proceeding immediately.  Seek legal help.  Good luck. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption