Need Some Emergency California Family Law Advice!

tkr

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An acquaintance in California is being abused by her husband. It has recently escalated and she is fear of great bodily harm. Her youngest child is still a minor at 16yo. Would she be breaking any laws by leaving the state with her child?

According to the research I have been able to do online it appears as long as they are still married with no legal customer agreement she should be ok. Is that true?
 

wheeli

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She needs to go to the police and open a file to start documenting the abuse,if things escalate it will work in her favor. If there is a situation where the police are called to a disturbance then at least it wont be a he said she said episode.Some states will require a consent letter from the absent gardian to travel across state lines or leave the country. Visiting a lawyer might be a good idea to keep everything on the up n up if she has to split.
 

aiiraciing

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An acquaintance in California is being abused by her husband. It has recently escalated and she is fear of great bodily harm. Her youngest child is still a minor at 16yo. Would she be breaking any laws by leaving the state with her?
What kind of abuse? You said in fear of bodily harm, has he hit her or just verbally abused her? If it's verbal the cops won't do anything and will tell her to come back when it escalates

Is the 16 year old his or hers from another guy? Is the 16 year old adopted by the husband?

If he's not the father or adopted legal gardian she is well within her rights to bounce.
 

dan200

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She absolutely has to start documenting this abuse with the police. Pics of bruises etc.

I am unsure of the legalities about leaving the state with the child but I am sure there are free agencies that can help her.

This link should be a good start. I wish her well...

http://www.aardvarc.org/dv/states/ca.shtml
 

FlyHiFlyLo

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She can bail if there is no existing court order between them. Then he will have to fight to get custody. But the bottom line is unless he is also abusing the child too... And I don't mean yelling at her to clean her room or out past curfew.... The right thing to do is for her to file and get an exparte hearing to establish a restraining order. It's super f'ed up when a parent thinks they can include the child in their squabble. Afterall, by the time it's all over with... The child will be 18 anyways. Or, maybe the death threats are rooted in her say'n she will take their kid away. Maybe she should just suck his weiner and make him a damned sammich after. But to answer your question... She can bail.
 

tkr

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Thanks for the advice and pm's. She has apparently been physically abused for a long time, but it has recently escalated. When she mustered enough strength to tell him she'd had enough is when the threats started...death threats. She has talked to counselors about the situation, who are "mandatory reporters"? So she can't leave without her minor child or they will HAVE to call child services and she will be taken away from both of them...at least temporarily. If she leaves with her daughter she HAS to let him visit...which defeats the purpose. She is afraid to file a restraining order cuz as we all know when seconds count the police are minutes away. There doesn't appear to be any simple way out for her. If this happened ten years ago before I had a family this **
¡Ay, caramba!****
¡Ay, caramba!****
¡Ay, caramba!****
¡Ay, caramba!**head's body parts would be scattered across four states.

Sent from my DROIDX using Tapatalk
 

1450-ranger

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Call the police. The State of California is aggressive towards domestic violence. Even if she (victim) doesnt want to press charges, it doesnt matter. If there is probable cause physical violence has occurred an arrest (should) will be made. "verbal" abuse doesnt constitute an arrest, unless it constitutes a 'terrorristic' threat, which the penal code is pretty specific about.

What flyhiflylo posted was entirely true and sound advice.

If it is that bad, divorce and a temporary restraining order shall be filed through the court. She has to file the TRO, police cannot do it unless only specific, exigent circumstances are met (this isnt one).

Also, the State law states if there is not a custody order on file the parent the child is with is not forced to turn over the child until a custody order is filed/approved. Barring there isnt a CPS issue..
 

Racerinside

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There are programs similar to witness protection shelters for victims of domestic violence. She could be given a home to live in where he can not get to. And the childrens visitations are delt with through a third party, where he and she would never have to meet. The numbers I sent though a pm will help you with everything, including emergency shelter and legal help.
 

5racer

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theres always two sides to a story .dont stand between the bulls you will always get the horn.
 
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