I am trying to get full custody of my children, but my wife is threatening me with false allegations of abuse and claiming she will get a restraining order against me if I do this.
I’ve never hurt her so there would be no basis for these allegations, but I’m worried it would cost me my job and ruin my chances of gaining custody.
How do I prepare for this? Are there steps I can take before filing to defend myself?
I do not practice law in your state. Therefore, I cannot inform you as to the specific laws of that state and can only provide you with general tips on divorce and family law.
You will want to initiate a divorce proceeding as soon as possible so that you can legally separate yourself and your children physically and otherwise from her. Unfortunately, it is extraordinarily common for women to file emergency orders of protection or restraining orders, which are typically granted, in order to skew the outcome of a custody battle and cause emotional harm to the father.
In addition to moving forward as quickly as possible with the divorce proceeding, I would also advise you not to ever be alone with her and to start keeping a journal of everything that has occurred, including the threats you mention above.
You might also want to file a police report should anything happen where your safety or that of your children is threatened so that there is a trail of her behavior.
Lastly, there is the option of filing for a restraining order against her, but I caution you to only do so if you honestly fear for your safety or for the safety and well-being of your children.