what type of lawyer do you get for an abusive ex which you have kids with

by Lulu Eichmann 6 min read

What can a family law attorney do to help my ex?

Sep 18, 2006 · I could hardly function anymore. My lawyer said, 'If you have a nervous breakdown, you may not get custody of your kids at all.'" After the divorce, many mothers continued to co-parent in a context of fear, the researcher said, adding that the fathers in this study seemed to have a high level of involvement compared to divorced fathers in general.

What to do if your child is being abused by Your Ex?

Know your legal rights and advocate for yourself. If your ex has a tendency to manipulate you or your child to get their way, understanding the legal rights and protection you have as a parent can reduce your risk of harm. In the event your ex was physically abusive towards you or your child, these issues should be raised during custody disputes.

How can a lawyer help you with child custody issues?

Feb 19, 2016 · If you suspect your former spouse or partner of abusing or neglecting your children, address your concerns with your attorney. He or she can help you present your concerns to the court in a way which will be taken seriously by your judge, or can help you obtain a restraining order on behalf of you and your children. A family law attorney can also request …

Are You uncooperative with your abusive ex in Family Court?

Sep 16, 2017 · Here’s what I learned about finding peace after my abusive ex: 1. You need to establish a support team. Round up a support team. Unfortunately, many of us can’t be free from traumatic events caused by our abusive ex because we share children. Having a professional safety coach, like a coach from Betrayal Trauma Recovery (BTR) , walk you ...

How do I protect my child from a toxic parent?

File an Emergency Action with the CourtRefer the matter to the appropriate child protection agency.Order the abusive parent to attend counseling or parenting classes before resuming any visitation with the children.Require any contact between the parent and the children to be supervised.More items...•Sep 24, 2020

How do abusive parents act?

Abusive parents have trouble managing their anger and can have angry outbursts that may feel like they come out of nowhere. Children of abusive parents may describe feeling like they have to “walk on eggshells” to keep their parents from getting angry.Sep 27, 2021

Is verbal abuse a crime in California?

Verbal Abuse Is a Criminal Offense in California Individuals can face criminal charges if they are accused of verbal abuse in Los Angeles. One charge used by the state is Penal Code §422: Criminal Threats. Individuals face PC 422 charges if they threaten someone with: An act of violence.

What do emotionally abusive parents say?

Emotionally abusive parents say things or convey feelings that can hurt a child deeply. Common examples include: Making the child feel unwanted, perhaps by stating or implying that life would be easier without the child. For example, a parent may tell a child, "I wish you were never born."

How do you live with an abusive parent?

6 Ways To Deal With Emotionally Abusive ParentsWhen the abuse is happening, try to stay calm: ... Identify abusive patterns: ... Try to express your emotions: ... Talk to an elder, a friend, or a professional about it: ... Always remember that it is okay to love your parents still: ... Try to spend less time with your parents:

What proof do you need for a restraining order in California?

Anyone seeking such an order must be prepared to present some evidence in addition to their own written statements and testimony in Court. This standard means that the Court must see photographs, text messages, e-mails or any other physical evidence that can support claims made by the Petitioner.Feb 1, 2017

Can I report verbal abuse to the police?

If the verbal abuse is of a criminal nature, you need to report it to the police immediately, and you must also let them know if you are concerned about your safety. Not all verbal exchanges are abuse.

What does verbally assaulted mean?

Verbal assault means any statement or act, oral or written, which can reasonably be expected to induce another person to be in apprehension or danger of bodily injury or harm, or the use of offensive language directed at a person, where such language is likely to provoke a reasonable person to physical violence.

Do abusive ex-husbands stop blaming you after divorce?

Your abusive ex will spare no opportunity to accuse you of wrongdoing and false play. He will have more opportunities to keep torturing you when yo...

How to recover from an abusive marriage?

Create a network of support around you, and make sure you don’t hesitate to reach out to them in your hour of need. Unfortunately, many women can n...

How do I deal with threats from my abusive ex-husband?

If you are threatened by your abusive ex-husband, you should immediately contact your local domestic violence shelter to get a protective order. If...

How to talk about kids to an abusive ex after divorce?

Already licking his wound over divorce, your abusive ex is likely not to give a considerate response when you talk to him about your kids. It will...

How do I stop my abusive ex from emotional abuse?

If you want to stop your abusive ex from emotional abuse, use the gray rock method. The theory behind the gray rock method is that narcissists and...

What to do if my kids complain about their abusive dad?

If your children complain about neglect and abuse against your abusive ex, call the Division of Child and Family Services. When children report abu...

What Constitutes Child Abuse?

Child abuse doesn’t have to be extreme for a parent to lose visitation or custody rights. As a general rule, in the family law context, any activit...

How Will Child Abuse Affect My Custody Case?

No one wins in a child abuse case. Both parents risk losing custody rights if the non-abusive parent knew about the abuse and didn’t prevent it. Fo...

How Do I Prove That My Child Has been Abused?

If you’re alleging that your spouse or ex partner abused your child, you’ll need a lot more than circumstantial evidence. Relatives, neighbors, fam...

Questions For Your Attorney

1. My ex has custody of our child, but I’m worried that her new boyfriend is abusing our child. What can I do to get custody? 2. Will a court convi...

What to do if your ex is abusive?

If your ex has a tendency to manipulate you or your child to get their way, understanding the legal rights and protection you have as a parent can reduce your risk of harm. In the event your ex was physically abusive towards you or your child, these issues should be raised during custody disputes. Sometimes an abuse victim may be afraid ...

What happens if you have a history of domestic violence?

A history of domestic violence can determine which parent receives primary custody, as well as result in significant limitations on the abusive parent’s visitation rights. The judge will take all of this information into consideration for the safety and benefit of your child.

What is co-parenting in a child?

Co-parenting is the requirement that both parents work together in a civil, and respectful manner in order to do what is best for the child. Co-parenting is difficult in any case but a history of abuse makes it even harder to want to find common ground with the abuser. You may not want to cooperate with your former abuser, and with good reason.

Do parents have to co-parent?

In many cases parents are ordered to co-parent regardless of abuse or domestic violence between parents. While this is grounded in the well-intentioned desire to keep both parents involved for the child’s benefit, there are situations in which the risk of harm or repeat abuse could be high as a result of this obligation.

What is the importance of co-parenting?

Successful co-parenting sets an example for children on important values such as responsibility and respect, compromise, and patience. Your ability to overcome the hardship and trauma of the abusive past provides your child with the skills necessary to thrive through adversity and a model for what it truly means to make sacrifices.

Where should in person exchanges be done?

For your own safety and the safety of your child, all in-person exchanges should be done in a secure public place. Your child’s school or day care would serve as a convenient location. You may also want to have a third-party present. This would help to dissolve tension and provide you moresecurity and support.

Do you have to co-parent after divorce?

In many cases parents are ordered to co-parent regardless of abuse or domestic violence between parents. While this is grounded in the well-intentioned desire to keep both parents involved for the child’s benefit, there are situations in which the risk of harm or repeat abuse could be high as a result of this obligation.

Can a criminal charge hurt a divorce?

Criminal charges require concrete evidence of abuse, and filing unsubstantiated charges could hurt your divorce case or modification petition. But if your child is in imminent danger or is seriously injured, call the police. If your child seems to be alright and is not facing an immediate threat of abuse, speak with your family law attorney before calling the police.

Can you get custody of a child if you are being abused?

If you have proof that your children are being abused, your child custody or visitation order can be modified to keep the children away from their abuser. In the most extreme cases of child abuse, a person’s parental rights can be terminated, which ensures that they will have no right to be alone with the child again.

How to get a protective order for domestic violence?

Contact your local domestic violence shelter to see if you can get a protective order. Even if you don’t feel like you can get one, talk to a victim advocate. Tell the victim advocate what is going on, and ask their advice about your options. If your situation warrants a protective order, it won’t stop your ex from harassing you. But if you have one and your ex breaks it, the police will be more helpful than if you don’t have one. If you can’t get a protective order, you still have many options, and keeping your victim advocate on speed dial will help you work through issues as they arise.

What is the gray rock method?

The theory behind the gray rock method is that narcissists and other abusive people feed off of two things: praise and drama. If you’re not praising them, they create drama. If they can’t get praise or drama, they can’t see you.

What are some examples of neglect?

For example, a parent may commit neglect by failing to feed, bathe, or provide necessary medical care for a child over an extended period of time. Judges take all forms of child abuse seriously, as children are vulnerable and unable to protect themselves. While parental rights are fundamental and constitutionally-protected, ...

Can a parent lose custody of a child?

Child abuse doesn’t have to be extreme for a parent to lose visitation or custody rights. As a general rule, in the family law context, any activity or behavior by a parent that threatens a child’s physical or emotional well-being is considered abuse. This includes verbal abuse that results in emotional trauma and physical abuse ...

What happens if one parent abuses a child?

For example, if one parent sexually or physically abuses a child, while the other parent stands by and does nothing, the child may be removed from the parents’ home. A state or local agency like Child Protective Services will get involved in abuse or neglect cases, and may place a child in foster care or with relatives.

What to do if you have concerns about child abuse?

If you have real concerns about ongoing child abuse, you may need to call police and hire a local family law attorney for your custody case.

What are the causes of domestic violence?

According to the American Psychological Association and Josie Serrata, PhD, crises ramp up stress among couples and families and can lead to a rise in domestic violence and child abuse. Increased stress from financial problems, social isolation, and disconnection from social support systems are all risk factors for violence.

What does a custody evaluator do?

A custody evaluator will take the lead in interviewing family members and therapists to prepare custody recommendations for a judge. There must be clear and convincing evidence of abuse for a court to limit a parent’s time with a child. A judge doesn’t have to follow a custody evaluator’s recommendation, but it's usually persuasive, ...

What is a family lawyer?

Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.

Who can consult with constitutional lawyers?

People with advocacies can consult constitutional lawyers if they think their rights have been violated. For instance, non-profit organizations like the American Civil Liberties Union (ACLU) and the National Association for the Advancement of Colored People (NAACP) employ constitutional lawyers to protect minorities involved in a legal process.

Why do we need malpractice lawyers?

Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.

What is IP law?

1. Intellectual Property (IP) Lawyers. Any original creative, scientific, or technical invention which may benefit the public has to be protected ...

What is an intellectual property lawyer?

Any original creative, scientific, or technical invention which may benefit the public has to be protected from copycats and duplicates. If you've created an art design, a unique product, a novel, a song or a computer program, you can consult with an intellectual property lawyer for securing copyright, patents, trademarks, and licensing agreements.

What is a personal injury lawyer?

This lawyer is an expert in tort law, which deals with civil legal liabilities and damages.

What is a business lawyer?

Also known as corporate lawyers, business lawyers are legal eagles who cover a more full range of expertise in building, managing, maintaining, transferring and dissolving a business. Lawyers in this area of practice deal with the formation of the company, employment contracts, tax compliance, acquisitions, and mergers.

Why do mothers lose custody of their children?

Many a mother have lost custody of their kids because they dared to question and complain about their abusive ex, the court’s wisdom or the direction of mediators and coordinators who seemed to want little knowledge of your situation or your children’s.

What is co-parenting in divorce?

Co-parenting is the court-ordered cooperation of parents to manage the daily lives of their children together, despite divorce. It’s purpose is to force parents to always put first the best interest of the children and move past the reasons that drove their split.

How to save someone from a fire?

Identify the people in your life who would run through fire to save you and pour your relationship energy into them. Love the rest, but don’t spend your time “doing” for them. You need that energy for you and your children’s survival. Be the Mom you want to be and accept that you won’t be perfect.

Who is Julie Boyd Cole?

Julie Boyd Cole is a mother of two sons, a journalist, writer and businesswoman. She has written for the Miami Herald, the Fort Lauderdale Sun-Sentinel, Yahoo.com among many publications around the country. She is the author of “How to Co-Parent with An Abusive Ex and Keep Your Sanity” available on Amazon.

How to get back with an abusive spouse?

Make a clean break. If you do not have children, you no longer need to have contact with your former spouse. Letting go is sometimes difficult, even with an emotionally abusive spouse. Many abusers try to control you in different ways. An abusive ex-spouse may still attempt to manipulate you or destroy your self-esteem after a divorce. Often the abuser does not want the relationship to end and will try to get you back with false promises or threats. If you feel yourself wavering, write down a list of all the demeaning things that the abuser has done or said, to remind you of the reasons that you left. Make another list of all your positive traits and your goals for the future.

What to do if your ex-husband is abusive?

If you are speaking with your ex-spouse on the phone and she becomes verbally abusive, do not engage this type of behavior. Try to avoid becoming angry. Inform your former spouse that you will no longer be treated this way and that you are hanging up the phone, and do so.

How to get over a syringe?

Plan a new life for yourself. Living well is the best revenge. Get out into the world and interact with new people. Take up a new hobby, go to night school, or become a volunteer. These activities will keep you occupied and introduce you to a new social group. Grieving a loss is normal, even the loss of a bad relationship. Allow yourself to feel sad and angry for a while. Getting over abuse takes time. Don't let bitterness overtake your emotions; doing so means that the abuser is still having a negative effect on your life. Seek counseling and learn to trust. Count on family and friends for support.

How to grieve a loss?

Grieving a loss is normal, even the loss of a bad relationship. Allow yourself to feel sad and angry for a while. Getting over abuse takes time. Don't let bitterness overtake your emotions; doing so means that the abuser is still having a negative effect on your life. Seek counseling and learn to trust .

Who is in charge of a child?

The parent who is with the child, is the parent in charge and only in the case of medical or another type of emergency, is required to alert the other parent of anything; No judging the other parent's skills as a parent;

What is a court order parenting plan?

Everything is spelled out in a court-order parenting plan, including drop-offs, holidays, time-sharing, medical, religious and educational decisions, everything; The parents spend little time together and agree to communicate with each other only through written form;

Why is parallel parenting important?

Because parallel parenting sets clear boundaries for the abuser, it can cut down the opportunities of abuse toward you. Parallel parenting can help victims of narcissistic and abusive ex's keep distance and follow a "No Contact" rule often given to victims to help them heal from the emotional wounds of abuse.

What is shared parenting?

Shared parenting or "co-parenting" is the will of most family courts today. But just what is it? Co-parenting commonly refers to the shared parental responsibility of two, separated or divorced parents and has its roots in a 1989 United Nations convention to establish basic rights for children around the world.

Can co-parenting be a narcissist?

Unfortunately, co-parenting gives an abusive or narcissist parent a clear path of unintended court-sanctioned abuse, power and control of the ex-partner and the children, instead of protecting the well-being of the child. Co-parenting can give rise to all sorts of emotional terrorism when involving an abuser.