DV situation

[Newlydivmomto4]

What is the name of your state (only U.S. law)? General

I know 3rd party questions are frowned upon but please forgive me.

A teenage boy has been Physically assaulted/threatened by his father. Mom trying to keep the peace is trying to figure out what to do. Nothing has been reported yet, she knows he needs to leave the house. Dad is in the position to make good on his threats. Mom wants him gone but is afraid of what dad will do when he is kicked out. It wouldn't be hard to get a restraining order but mom is worried about dad not respecting restraining order. Money is not an issue. More concerned for safety of mom and kids.

Suggestions?

 

[Proserpina]

What is the name of your state (only U.S. law)? General

I know 3rd party questions are frowned upon but please forgive me.

A teenage boy has been Physically assaulted/threatened by his father. Mom trying to keep the peace is trying to figure out what to do. Nothing has been reported yet, she knows he needs to leave the house. Dad is in the position to make good on his threats. Mom wants him gone but is afraid of what dad will do when he is kicked out. It wouldn't be hard to get a restraining order but mom is worried about dad not respecting restraining order. Money is not an issue. More concerned for safety of mom and kids.

Suggestions?

Pick a state other than General please.

That aside, she'll have to evict him legally (assuming this is her property).

 

[Silverplum]

It's either an emergency and violence, OR it's something Mom needs to think about and find the most advantageous answer.

 

[Ohiogal]

Pick a state other than General please.

That aside, she'll have to evict him legally (assuming this is her property).

Not if they are married. She can't evict him then.

 

[Newlydivmomto4]

Not if they are married. She can't evict him then.

California

I suggested she pay his way out. File for the restraining order if necessary, depending on how he reacts to her asking him to leave. If she feels that threatened by what he may do, hire a security detail. Everything is in both their names, house, accounts etc.

 

[Ohiogal]

California

I suggested she pay his way out. File for the restraining order if necessary, depending on how he reacts to her asking him to leave. If she feels that threatened by what he may do, hire a security detail. Everything is in both their names, house, accounts etc.

Why doesn't she leave then if he also owns the house? They both own the house then she can't kick him out. She can leave and take her son however.

 

[Newlydivmomto4]

Why doesn't she leave then if he also owns the house? They both own the house then she can't kick him out. She can leave and take her son however.

3 teenage boys, school, activities etc. Him leaving would be the least disruptive.

 

[Silverplum]

Nothing of substance happened: she's just trying to keep all the assets, not move, and get rid of Dad.

IF something violent had been done to her CHILD, she would have DONE something: call the cops, take the kid to the hospital, file charges, etc. You stated money is not an object.

It's a steaming pile of smelliness.

 

[Newlydivmomto4]

Nothing of substance happened: she's just trying to keep all the assets, not move, and get rid of Dad.

IF something violent had been done to her CHILD, she would have DONE something: call the cops, take the kid to the hospital, file charges, etc. You stated money is not an object.

It's a steaming pile of smelliness.

That's what I would have done as well as what I've told her. Its been ongoing for awhile, because of the situation she has let it go a lot longer than I think she should have. Xxxxx happens, you call the cops, cops remove the abuser. Kids should be safe or at least the start of being safe. She doesn't think along those lines like I do.

As far as assets she know's she's screwed. She'll be paying him alimony for a long long time.

 

[Ohiogal]

That's what I would have done as well as what I've told her. Its been ongoing for awhile, because of the situation she has let it go a lot longer than I think she should have. Xxxxx happens, you call the cops, cops remove the abuser. Kids should be safe or at least the start of being safe. She doesn't think along those lines like I do.

As far as assets she know's she's screwed. She'll be paying him alimony for a long long time.

Guess what? This child gets hurt and he will be removed -- as well as the other children -- due to her FAILURE TO PROTECT. She is not actually a stellar parent. In fact, she is as bad as dad for allowing the child to be abused. Which is sad.
She is being neglectful and negligent.

 

[Newlydivmomto4]

Guess what? This child gets hurt and he will be removed due to her FAILURE TO PROTECT. She is not actually a stellar parent. In fact, she is as bad as dad for allowing the child to be abused. Which is sad.

I completely agree. I don't think she realizes the true impact or she is choosing to ignore and hope it goes away.

I just found out that she told her therapist what happened. Being a mandated reporter the therapist told her that she must do something or the therapist will. Now she must act. Thank God for mandated reporters.

 

[Zigner]

I just found out that she told her therapist what happened. Being a mandated reporter the therapist told her that she must do something or the therapist will. Now she must act. Thank God for mandated reporters.

It's unfortunate that THIS mandated reported has decided to NOT comply with the requirements of a mandated reporter.
(Granted, this is 2nd-hand information.)

 

[Newlydivmomto4]

It's unfortunate that THIS mandated reported has decided to NOT comply with the requirements of a mandated reporter.
(Granted, this is 2nd-hand information.)

^^^^^^^^^^^ so very true. My understanding is the therapist gave her a deadline to do something. Are mandated reporters required to immediately report? Sorry, not familiar with the rules on that.

 

[CdwJava]

^^^^^^^^^^^ so very true. My understanding is the therapist gave her a deadline to do something. Are mandated reporters required to immediately report? Sorry, not familiar with the rules on that.

In California, they have 36 hours from the time they receive the information to report suspected child abuse.

 

[CdwJava]

California

I suggested she pay his way out. File for the restraining order if necessary, depending on how he reacts to her asking him to leave. If she feels that threatened by what he may do, hire a security detail. Everything is in both their names, house, accounts etc.

Filing for divorce and asking for child custody and the house might be a start. If a restraining order is needed, she can apply for one. But, absent a court order of some kind, he will not have to go anywhere. As suggested, though, if she is afraid fr her safety SHE can leave with the child ... though she'd better file for emergency custody or allow dad to see the child or she could run afoul of other laws concerning child stealing if she takes off with the child and conceals the child from him.

Perhaps she should speak with a DV advocate or a divorce attorney ... or, both.