What should I do if my wife is abusive? 4 Answers as of June 08, 2011

My wife is always threatening me. She tells my daughter who is 4 years old, that daddy is bad. She teaches my daughter that daddy hits mommy, which has never happened. She has punched me several times, broke my glasses and breaks a plate almost 3 times a week. She is violent. What I should do?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
It sounds like time for a divorce from a "bad seed". You should take photographs of the damage that your wife does including your broken glasses (don't tape record her - that is illegal unless she consents to the taping), and if she causes any cuts or bruising on you, take photographs of those and go to the police and report her violence - she may be arrested for spousal abuse, and that could help you get custody of your daughter. You should consult with an experienced divorce lawyer to determine whether there was any recent conduct of your wife that would qualify for Domestic Violence Restraining Orders, which, if you receive them, would create a presumption that your wife should not have any sort of custody of your daughter.
Answer Applies to: California
Replied: 6/8/2011
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
In this case you should obtain an Order from the court removing the mother from your home, obtain a custody order, and restraining order for your, and your child's protraction. This is a service we provide. If you wait, each day your allegations will become watered down to a point of loss of the right to obtain the above orders. No one should continue to live like this. In fact, you could have problems from the court, and/or the State for failure to protect your child, and become enveloped in the Social Services world which you would regret for a minimum of 18 months, and probably longer.
Answer Applies to: California
Replied: 6/7/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
Call your local police and get a restraining order. The police should be able to advise you on the process. Or, you can go to the website of your local county court, where there should also be information about obtaining a restraining order.
Answer Applies to: California
Replied: 6/8/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
I cannot tell you what you should do, only what your options are. You can obtain a restraining order, file for divorce, and physically separate from your wife (taking your daughter with). I strongly recommend action to protect yourself and your daughter. If you are looking for an attorney and are in my area, please contact me for a free consultation.
Answer Applies to: California
Replied: 6/8/2011
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