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eodanon

Junior Member
What is the name of your state (only U.S. law)? New Mexico

Last weekend my wife of ten years lost her mind. She held a knife to our babies throat, attacked me with the same knife, cut herself, threatened to kill all three of our children, me and herself. She basically held us hostage for 3 hours.

I was able to talk her down and get her to call her sister, who then convinced her to let me take her to the Emergency Room at the local hospital. She was admited to the psyche ward and had been in there for the last 9 days. The police issued a warrant for her arrest with the following charges:

Child Abuse (Class 4 felony)

Aggravated Assault with a Deadly Weapon (Class 4 felony)

Interfering with a communication (Misdemeanor)

Wrongful Impisonment (Misdemeanor)

She has no prior criminal record. No history of domestic violence for either of us. She was on anti-depressant for 6 months after giving birth to our youngest, so she had been off the meds for a little over a year now.

I had an emergency RO, which is now a temporary RO with a hearing set for 6 January. The local PD is providing me with an advocate for that.

My wife got discharged from the hospital today. The hospital knew of the RO and did not call me to notify me that she was getting discharged even though they assured me and the police that they would.

My wife already broke the RO 3 times. Twice by getting other people to contact me by phone, and earlier this evening calling me herself from the local shelter to let me know that she was out of the hospital. I have filed police reports of these incidents, and called the police to go pick her up at the shelter to arrest her on the warrant.

My goal here is to never let her be around my children or myself ever again.
So my questions:

1. Is it better to file for divorce and full custody of the children before or after her criminal case is settled?

2. Would it be possible to have her parental rights completely revoked? I would not want her to have any thing to do with the children if something were to happen to me.

3. Do the RO violations help me in the hearing about the RO?

4. What more can I do to help achieve my goal of keeping her away from myself and the children permenantly?

I am most grateful for any advice or answers that you can provide.
 
Last edited:


Antigone*

Senior Member
What is the name of your state (only U.S. law)? New Mexico

Last weekend my wife of ten years lost her mind. She held a knife to our babies throat, attacked me with the same knife, cut herself, threatened to kill all three of our children, me and herself. She basically held us hostage for 3 hours.

I was able to talk her down and get her to call her sister, who then convinced her to let me take her to the Emergency Room at the local hospital. She was admited to the psyche ward and had been in there for the last 9 days. The police issued a warrant for her arrest with the following charges:

Child Abuse (Class 4 felony)

Aggravated Assault with a Deadly Weapon (Class 4 felony)

Interfering with a communication (Misdemeanor)

Wrongful Impisonment (Misdemeanor)

She has no prior criminal record. No history of domestic violence for either of us. She was on anti-depressant for 6 months after giving birth to our youngest, so she had been off the meds for a little over a year now.

I had an emergency RO, which is now a temporary RO with a hearing set for 6 January. The local PD is providing me with an advocate for that.

My wife got discharged from the hospital today. The hospital knew of the RO and did not call me to notify me that she was getting discharged even though they assured me and the police that they would.

My wife already broke the RO 3 times. Twice by getting other people to contact me by phone, and earlier this evening calling me herself from the local shelter to let me know that she was out of the hospital. I have filed police reports of these incidents, and called the police to go pick her up at the shelter to arrest her on the warrant.

My goal here is to never let her be around my children or myself ever again.
So my questions:

1. Is it better to file for divorce and full custody of the children before or after her criminal case is settled?

2. Would it be possible to have her parental rights completely revoked? I would not want her to have any thing to do with the children if something were to happen to me.

3. Do the RO violations help me in the hearing about the RO?

4. What more can I do to help achieve my goal of keeping her away from myself and the children permenantly?

5. Any recommendation for a good Family Law attorney in southern NM?

I am most grateful for any advice or answers that you can provide.
I am really sorry but we don't provide for attorney referrals, however you can click the link at the bottom of the post and you will be referred to an attorney in your area.

You should speak to an attorney as soon as possible, and you should also make sure the police know each time she violates the TRO.

Please take care.
 
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eodanon

Junior Member
Thank you for the quick reply, I edited out the referral question.

I will consult an attorney as soon as I am able.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? New Mexico

Last weekend my wife of ten years lost her mind. She held a knife to our babies throat, attacked me with the same knife, cut herself, threatened to kill all three of our children, me and herself. She basically held us hostage for 3 hours.

I was able to talk her down and get her to call her sister, who then convinced her to let me take her to the Emergency Room at the local hospital. She was admited to the psyche ward and had been in there for the last 9 days. The police issued a warrant for her arrest with the following charges:

Child Abuse (Class 4 felony)

Aggravated Assault with a Deadly Weapon (Class 4 felony)

Interfering with a communication (Misdemeanor)

Wrongful Impisonment (Misdemeanor)

She has no prior criminal record. No history of domestic violence for either of us. She was on anti-depressant for 6 months after giving birth to our youngest, so she had been off the meds for a little over a year now.

I had an emergency RO, which is now a temporary RO with a hearing set for 6 January. The local PD is providing me with an advocate for that.

My wife got discharged from the hospital today. The hospital knew of the RO and did not call me to notify me that she was getting discharged even though they assured me and the police that they would.

My wife already broke the RO 3 times. Twice by getting other people to contact me by phone, and earlier this evening calling me herself from the local shelter to let me know that she was out of the hospital. I have filed police reports of these incidents, and called the police to go pick her up at the shelter to arrest her on the warrant.

My goal here is to never let her be around my children or myself ever again.
So my questions:

1. Is it better to file for divorce and full custody of the children before or after her criminal case is settled?

2. Would it be possible to have her parental rights completely revoked? I would not want her to have any thing to do with the children if something were to happen to me.

3. Do the RO violations help me in the hearing about the RO?

4. What more can I do to help achieve my goal of keeping her away from myself and the children permenantly?

I am most grateful for any advice or answers that you can provide.
I am so sorry that you and the children had to go through that.

You can definitely meet your goal of never having her be around you again. However, its possible that you may not be able to meet your goal of never having her around the children again.

If she is mentally ill, and gets treatment and the doctors feel that her mental illness is under control, the court may allow her contact with the children under supervision. I am telling you this so that you can be prepared for that if it happens.

I urge you to fight for professional supervision if you see the courts heading that way. I urge you to fight against any of her family being allowed to be the supervisors.

I urge you to get an attorney ASAP and to file for divorce ASAP.
 

Just Blue

Senior Member
Thank you for the quick reply, I edited out the referral question.

I will consult an attorney as soon as I am able.
Contact local Domestic Violence Org's ....They will provide you with referrals for Attorney's that have experience with your situation.
 

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