Q: I was arrested last week because I protected my 9 month old baby and myself from my abusive husband. He asked me to tend to her while he slept a bit longer. I had to use the bathroom so I briefly stepped out, as my daughter was still asleep. Once I was finished, I heard my baby whimper. Before I even reached for the door handle, I heard my husband scream very loud, so I ran out of the bathroom to my baby’s bassinet and picked her up asking what’s wrong. He began to scream profanities AT my 9 month old daughter, and throwing items around, then walked over to to the bathroom door and started slamming it repeatedly, telling me to “shut her the f up” and “why won’t she f stop”. As a woman whose been abused my this man (documented abuse) for almost 4 years, I knew that in that moment I had to finally take a stand for myself and my daughter, so I began to yell back at him asking what else he expected from a 9 month old and that his behavior was extremely inappropriate. To make a long story short, the situation escalated to him punching me to the ground and me standing up and throwing a pan at him. I’m now facing child endangerment charges, assault and more. Police left her in his care!
A: If you’re convicted of those charges (either in criminal court of Family Court), then the odds would be severely against you winning custody. You’re thus well-advised to have a goo criminal defense attorney representing you. You should also retain a good attorney to represent you in the divorce case. Schedule a consult with a Bronx Domestic Violence Attorney for a full assessment.