Legal Question in Family Law in Idaho

false domestic violence and custody

My wife had me aressted for

domestic abuse . There was none

and the accusations are false. I

have been given a temporary

restraining order. She has packed

up the house and is in the process

of moving to another state to live

with another man. I do not want to

break the restraining order but

would like contact with my children

as soon as possible. Who would I

contact in the state of Idaho so that

I could do this? We curently live in

Nevada. I am also thinking of filling

for divorce in Idaho so that my

children will not have to go through

this anymore. How will the order

pertain to the custody ? The charges

are false and will be proven so at my


Asked on 10/16/07, 6:51 pm

3 Answers from Attorneys

Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

Re: false domestic violence and custody

You will be required to file in Nevada because that is where the children have lived for the past 6 months. Idaho can only make you single people and not resolve child custody until the children live in Idaho and if Nevada enters a custody order, neither parent lives in Nevada.

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Answered on 10/16/07, 6:58 pm

Anita Webster Webster & Associates

Re: false domestic violence and custody

If you are resident of Nevada and you, your wife and the children have all lived in Nevada in the last 6 months you need to file in Nevada. You also need to file a complaint for the divorce along with a Joint Preliminary Injunction right away and have her served to prevent her from moving from Nevada.

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Answered on 10/16/07, 7:17 pm
Jim Herbe Black & Lobello

Re: false domestic violence and custody

Good afternoon. Thank you for your inquiry. If you have lived in Nevada with your wife and children for the last 6 months then you are considered residents of Nevada.

Any court documents you wish to file regarding a divorce or custodial matters must be filed with Nevada Family Court.

If you are charged with domestic violence and desire to obtain custody of your kids it is essential that you beat that case. A domestic violence conviction will be a huge hurdle to overcome when presenting your family law case.

My office handles both criminal and family law matters. Should you wish to speak with an attorney contact my office and we can schedule a free consultation.

Best Regards,

Jim Herbe

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Answered on 10/16/07, 7:34 pm

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