my soon to be ex-wife was arrested for domestic assault. why is she a loud to come back to the house and take the child?

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my soon to be ex-wife was arrested for domestic assault. why is she a loud to come back to the house and take the child?

she assaulted me when i was holding are 16 month old child. And now she has the child and will not let me she her. And the court will not give me an order of protection. And her order for granting bail says she not aloud to yell or be threatening to me. She has i call the shieffs and they let her thats the child and made me leave.

Asked on May 22, 2009 under Criminal Law, Tennessee

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you are currently getting a divorce I assume you must have an attorney handling the matter for you. This is a serious situation from which you would best be served having the attorney handle for you.

Being as I do not know the specifics I am unsure if the court expects the child to be with you or her, if with you than she is in violation and the court should be made aware. If with her than you really cannot do anything about that unless she is violating visitation rights.

If she violates the order granting bail than you need to make the court aware. I suggest everything be done by your matrimonial lawyer as they can ensure the proper paperwork is filled out and they will know which avenue to proceed down.


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