My partner filed a domestic violence restraining order to get me to move out and is also asking for child custody. There hasn’t been any domestic violence on my part, though she has slapped and physically hurt me in the past. We’ve both been emotionally abusive during arguments. The restraining order was denied until the court hearing, and there will be mediation for child custody. She’s asking for a week on, week off schedule and wants sole custody when the child is in school. Do I need a lawyer for this? I agree we should separate, but she wants me out now. I told her I need time to find a place, but she isn’t okay with that. I don’t want to leave and risk not seeing my daughter. I think it’s better to stay as long as possible since I pay the rent and most bills. She doesn’t have a job, and I worry it’ll create a stressful environment for the kids. Her view is that the kids are better off not seeing us fight, which I agree with. I can keep it cordial, but any little disagreement can set her off.
Definitely get a lawyer! This is serious, and you need someone who knows the law to help you navigate this situation.
I agree with ABC. Having legal representation can make a huge difference, especially in custody cases.
It’s good that you want to keep things cordial for the kids. Document everything that happens between you two. It can help your case.
If you’re paying rent and bills, that can help your position in custody discussions. Don’t leave until you have a plan.
Emotional abuse can be hard to prove, but it’s still important to discuss it with your lawyer. They can guide you on how to present your case.