Legal Question in Family Law in Indiana

Domestic Volence

I've been married for 11yrs under domestic volence for the past 8 of those years. My husband and I have 2 children in this marriage. Under my husbands last attack on me I decided to go seek counseling through abused women shelter. My husband is an alcoholic and has bad tempers. He threatens suicide on himself when he drinks. My parents live in another state and I would like to leave with my children as they had offered we could stay with them and get a divorce. However, my husband says if I leave the state with our kids he will file kidnapping charges on me. Can he do this?? I've given this marriage all I could on promises he would change and he hasn't. I have no where else to go besides my parents house.


Asked on 11/20/03, 9:41 am

1 Answer from Attorneys

Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: Domestic Volence

Neither you or your children should have to be subjected to a violent and dangerous environment with threatens your or their well being.

If you or the children have been subjected to physical harm by your husband, there may be a possible criminal charge which could be filed against him.

At the present, it would appear that neither you or your husband have begun a divorce action. You, like he has equal parental supervision and control over the children. Absent an existing court order which prevents taking the children out of the jurisdiction or state, his threat does not appear to be a solid one.

If there has been a recent episode of violence you may wish to consider obtaining a protective order for you and the children. If not now after you arrive at your parents home.This could be crucial in keeping him away or at least being able to rely on authorities to enforce it. Once he finds out where you are, he may decide to travel to your location and bring them back. As with you, this would not be a criminal act unless it harmed the children or violated a protective order which prohibited it.

Another option may be to seek out a battered spouse/partner shelter which could also lend some assistance.

Please note that the above is based on the limited facts given and without a opportunity to fully review this matter, the above is not intended to be legal advice appicable to your specific matter. You should therefore not regard or rely on this as such advice.

Read more
Answered on 11/20/03, 10:21 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Indiana