My husband has his sentencing next week for assault on a female (me) and Im stressed about the experience BUT more so about my kids. He drinks and smokes all day and is not mentally stable right now. He will chug beers and try to drive them. They are only 2 and 5. Can I get any support during the criminal case regarding this concern? Right now there is a no contact order with me, the house, where I work so that means contacting kids are next to impossible. He needs supervision
You can file a court action against him for custody and allege what has happened that puts the children in danger or poses a safety threat to them, including the extent of his drinking.
In your court complaint and at a hearing/trial you can ask for supervised visits, an alcohol monitoring device to be in place, substance abuse assessment, psychological evaluation, custody evaluation, etc.
You should have also filed for a domestic violence protective order (DVPO) due to the assault. This is a civil order that if granted will prohibit him from having contact with you for up to one year. A violation of the DVPO is a high level misdemeanor crime.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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