What qualifies as domestic violence in order to seek an order of protection?
My wife has violent mood swings. She usually resorts to name calling but when she gets really mad she will push me, slap me, and make physical threats sometimes while I’m holding our newborn child.
What can I do to protect myself and my infant baby from my wife’s violent tendencies?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Pennsylvania divorce laws where I am licensed to practice.
You may want to seek a protective order for yourself, and/or on behalf of your baby. Domestic violence protection orders protect people who are being hurt or threatened by someone, such as a spouse or family member.
If you apply for and are granted a domestic violence protection order, your wife may be required to leave your residence. Where I practice, you can go to the courthouse in the county where you reside and apply for an Emergency Protection From Abuse Order.
If granted, this order is temporary pending a Final Hearing. The temporary order, which also schedules the final hearing date, must be served upon the other party so that they are aware of and can defend themselves at the Final Protection From Abuse Hearing.
If you are granted a Final Order, your wife will be subject to possible fines and/or jail time is she violates the terms of the order.
Protection From Abuse orders typically include a section that deals with custody of children. This is something that has to be dealt with, at least on an interim basis, and is modifiable automatically by any further orders of court relating to child custody.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.