My husband served 7 years in prison for criminal threats. This was around 15 years ago. We are only married for a year but he has been physically abusive. I have a DVRO and a hearing scheduled. We have a baby together. I am planning to divorce him and ask for full custody. Will his past criminal record have an effect in our domestic violence with kids hearing? What are the chances of him being sent away again?
Answer
His abusive conduct can have a direct effect on child custody, child support and spousal support. Please meet with an experienced family law attorney to assess your legal options.
Answer
Unless there are criminal charges pending he cannot be incarcerated. If you want to have him arrested, you will have to make a police report. Then it will be up to the district attorney to decide whether or not to charge him. Without knowing more details about his past conviction it is impossible to judge how much it will affect the case.
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