X and I have been separated for a little over a year and we have two young children together. He is very abusive and has even hurt the children while trying to hurt me (slammed the door against oldest child's arm; threw water at our youngest, trying to throw it at me. He even attempted to drive our car off a bridge while children in it, and tried to crash it into a tree. He attempted to sexually assault me in front of our oldest once. I reported him. He was not arrested as he claims he wasn't even there that night.

He is an ongoing threat to me and my children and every time I report him, he gets away with it all. He threatens me. I once tried to file a restraining order, but he hired a lawyer and got it dismissed, despite my having proof.

I want to move out of state to remove myself and my children from harm's way. My question is, if I move out of state, can I file for emergency custody out of state while still married? Can I file for divorce in that state once I become a resident?

Izzy: I would call the Domestic Violence Hotline and contact a Family Lawyer with these questions. Sometimes the first visit is free or contact your local women's services center to see if there is a Lawyer volunteering their time or call the local Bar Association to see if there is anyone answering calls "pro bono" (free).