Getting and Ex Parte on husband and what that will do for custody.?

Question

My husband left me and our 2 boys 3 weeks ago for another woman with 2 kids.  It has been a blessing in disguise. He was abusive emotionally and physically.  The last time he was he ended up choking me I'm front of the boys.  Yes I should have left and I tried to call the cops but he threatened me.  Like I said I am not distraught over him leaving as it was a true blessing for us.  He had remained belligerent since moving in with her and had made innocuous comments to our boys on the phone the he will see them soon(Been offered to see them and he has declined each time) he just has a couple things to take care of first then posts on Facebook after getting off the phone that he's looking for a rifle.  Well today he accused me of stealing his paycheck (which was dd into our account and was eaten up by the overdraft fees he accrued after leaving) and began screaming as I told him I have nothing to do with that account any longer.  Anyways he ended it with other threats and saying yes that is a threat.  Then screamed that he was "going to bash your brains out You c***". I have the phone conversation recorded and I'm my state it is allowable in court.  More his dad is posting on fb that stealing money from his kids is bs and payback is a b**** and I will see you soon.  Can I get a protection order against the both of them and what does that do with the custody of the boys since we have no arrangement on file as of yet since I just got the paperwork to my attny thur.

Julie B · Answer

What the hell are you waiting for make a police report and run to the court and file for  the Ex Parte on him as soon as possible.  Keep all written and recorded conversations with him and any face book conversations.

In the order ask to maintain custody of the children and don't forget support for them and medical. Make certain that your name is on the house lease and have his removed by the court, same goes for any vehicle that may be in your hands right now and make certain that he has no contact with you or the  children.  Most of all stay strong and if need be go to a women's shelter they can help pull through this and believe me you will feel so much stronger.

Maxi · Answer

First thing you do is phone the police and report his threats ask for a report number and write it down in a diary along with exactly what he said/you reported, take screen shots of everything he puts on FB and add them to your diary, every time he does or says anything, if you feel threatened or he makes direct threats you report it to the police and ask for the incident number, this diary is primary evidence as it is written at the time of the event ( each and every event) that can be used in court along with anything else you have, the incident numbers can be checked so you have legal back up of the report.
Do not inflame the situation, do not answer any FB messages don't get further involved with this nut job, just as for an order along with the evidence to back it up

Michael E · Answer

You can file for an order of protection against the person who threatened you with physical violence.
You can also file against the guy who posts on Facebook.

You're more likely to get one against the ex rather than his husband.

"Can i file.." Yes of course you can file. The court might deny it, but you can file. Nobody is going to do anything to you if you file.

Getting and Ex Parte on husband and what that will do for custody.?

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