How do I protect my daughter from her father? 20 Answers as of July 09, 2013

My ex husband and I have joint custody of our daughter. He raped me and was arrested but let out after 24 hours. What can I do to protect my child?

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Get a protective order. If he was arrested, the DA should be aware and you need to contact them first.
Answer Applies to: Texas
Replied: 8/30/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
The answer to your question would require a thorough review of your case including when the alleged incident occurred, whether it was charged criminally, the evidence, and the results of any criminal proceeding.
Answer Applies to: Minnesota
Replied: 8/29/2011
Law Office of Michael W. Bugni
Law Office of Michael W. Bugni | Jay W. Neff
Probably your best bet is to go to the court house and file a petition for a domestic violence protection order. It can cover both you and your child. Depending on what county you are in, there may be facilitators at the court house that can give you some help with the process.
Answer Applies to: Washington
Replied: 8/26/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
Did the police provide you with an Emergency Protective Order? That should have been automatic. The District Attorney should have served, or should serve, one on your husband the first day in Court. You can easily file for and obtain your own Temporary, and then a Permanent, Restraining Order. You can list your daughter as a 'Protected Person', too. I would do so immediately.
Answer Applies to: California
Replied: 8/26/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
You must obtain a restraining order that covers your child and/or move for a modification of the current orders.
Answer Applies to: Connecticut
Replied: 8/26/2011
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    You do not state if and how he is a threat to the child. Have you filed for a PFA listing you and her as "Protected Persons"?.
    Answer Applies to: Pennsylvania
    Replied: 7/9/2013
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Is there a criminal action pending against him, if so, there is probably a no contact order against him as a condition on his bond. You can also try to file a Personal Protection Order (PPO) against him in the Circuit Court where you live. You might want to get a copy of the police report of the incident to attach to the Petition. Most Jurisdictions have a PPO office that will help you to fill it out and file it. You should also, probably, file for a divorce and seek sole physical custody of the child. I can't imagine you want to remain married to this guy under these circumstances. And you really should hire a lawyer to make sure it's done right. Ask your family and friends if they can recommend any lawyers .
    Answer Applies to: Michigan
    Replied: 8/26/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    If this happened after you had joint custody, you need to file a restraining order for yourself, and a separate one for your child.
    Answer Applies to: Wisconsin
    Replied: 8/26/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    I would suggest a Retraining Order via the Protection from Abuse Act.
    Answer Applies to: Alabama
    Replied: 8/26/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    If the charges are still pending, find out if the judge set a no contact provision. You may also consider filing a Sexual Violence Injunction. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
    Answer Applies to: Florida
    Replied: 8/26/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    You need to retain a lawyer and go to court and ask the court to restrict the fathers visitation with the daughter. Of course you will have to convince the judge with sufficient "proof" for the court to make such an order.
    Answer Applies to: California
    Replied: 8/26/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    You need to get the court to modify the court ordered parenting plan that you say establishes "joint custody" if you can convince the judge that the father is is a danger to your daughter. Your claim that he raped you is not automatically evidence that he is a threat to her, at least until he actually gets convicted. Since Colorado no longer uses the term "custody", your claim of "joint custody" does not, by itself, answer the question of what specific rights the father might have. You need to examine the court order.
    Answer Applies to: Colorado
    Replied: 8/25/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    First, follow through on whatever criminal charges are possible. Next, seek an order of protection. Then file for divorce and seek immediate ex parte restraining orders and set up a temporary hearing asking for appropriate temporary orders.
    Answer Applies to: Washington
    Replied: 8/25/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    Seek a domestic violence restraining order immediately. Go to your County's Superior Court.
    Answer Applies to: Washington
    Replied: 8/25/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    In addition to calling law enforcement in the event of any trouble, along with any other security measures, you should consult with a family law attorney asap concerning your rights and options, including possibly seeking a protective order. You should also contact the District Attorney's Office victim-witness coordinator and the prosecutor on your case, concerning your rights, including your right to be informed about the case. You might also seek help from a local spousal abuse shelter, such as Safe Homes, if there is one in your community, along with seeking help from family, friends, and church.
    Answer Applies to: Georgia
    Replied: 8/25/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Get a restraining order and move to a location he doesn't know about.
    Answer Applies to: California
    Replied: 8/25/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    In order to protect your child, you should file immediate custody orders seeking court intervention.
    Answer Applies to: California
    Replied: 8/25/2011
    Maclean Chung Law Firm
    Maclean Chung Law Firm | G. Thomas MacLean Jr.
    You may want to consider if you qualify for a Domestic Violence restraining order. You may also want to consider requesting full custody as part of that. If domestic violence is being committed, that is a basis for changing custody, even if it isn't against the child herself.
    Answer Applies to: California
    Replied: 8/25/2011
    Lewis, Pfanstiel & Williams, PCLO
    Lewis, Pfanstiel & Williams, PCLO | Ryan J. Lewis
    You would have to file for a restraining order or application to modify with an ex parte motion.
    Answer Applies to: Nebraska
    Replied: 8/25/2011
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