Domestic violence, kidnapping, assault, abduction

[Angela Brockman]

My cousin was recently badly abused by her husband and nearly killed. For the last five years, she has had Power of Attorney for her husband and is his payee for his social security. He receives social security and several pensions. We just received word that her husband gave a fellow inmate’s wife Power of Attorney and had her place one of his pensions on hold while she tried to open a bank account in his name. My cousin depends on this money to survive. We called the pension and they said to fax the paperwork in and they would look at it. What are her rights? We live in Ohio.

 

[Zigner]

My cousin was recently badly abused by her husband and nearly killed. For the last five years, she has had Power of Attorney for her husband and is his payee for his social security. He receives social security and several pensions. We just received word that her husband gave a fellow inmate’s wife Power of Attorney and had her place one of his pensions on hold while she tried to open a bank account in his name. My cousin depends on this money to survive. We called the pension and they said to fax the paperwork in and they would look at it. What are her rights? We live in Ohio.

She should speak with a local (divorce) attorney about the matter. An internet forum is not going to help. With that said, we do have an Ohio family law attorney who frequently posts who may have some insight, but ultimately, your cousin is going to need an attorney.

 

[cbg]

This goes far beyond what an internet forum can help with. At best, we (meaning our OH attorney) may be able to offer some guidelines but she needs her own attorney like right now.

 

[Angela Brockman]

I know we need an attorney. We are working on that, now. Just wondered if anyone had opinions. I’m an educator and I like discussing topics. Thanks for your replies.

 

[Zigner]

I know we need an attorney. We are working on that, now. Just wondered if anyone had opinions. I’m an educator and I like discussing topics. Thanks for your replies.

It doesn't matter what our opinions are. SHE needs an attorney (not "we").

 

[PayrollHRGuy]

It seems to be the general consensus that you cousin needs a lawyer now.

Sitting around chatting about a person's legal issues with a cousin is not the practice if this forum.

 

[Angela Brockman]

“We” do need an attorney. “We” have an appointment. I’m her caregiver. Additionally, he threatened to kill me. He’s been charged with that as well. I’m not looking for exact answers. You do realize this thread is for domestic violence? People like me are going to reach out for direction, reassurance, common experiences and the knowledge of its members. You are treating as if I have no right to ask questions. You do not have to be self-righteous and act like I’m not smart enough to understand the situation. If you can’t be kind, why bother posting?

 

[Zigner]

“We” do need an attorney. “We” have an appointment. I’m her caregiver. Additionally, he threatened to kill me. He’s been charged with that as well. I’m not looking for exact answers. You do realize this thread is for domestic violence? People like me are going to reach out for direction, reassurance, common experiences and the knowledge of its members. You are treating as if I have no right to ask questions. You do not have to be self-righteous and act like I’m not smart enough to understand the situation. If you can’t be kind, why bother posting?

She needs an attorney for her legal matters. You need an attorney for your legal matters. That attorney may (or may not) be the same person.

Have you reported any of these things to the police?

 

[Angela Brockman]

Her husband is being held on 5 felonies, we have an appointment with an attorney, but the uncertainties are sometimes unbearable. I just wanted to know if someone had been in a similar situation. I should have worded my post differently. We will deal with this on our own. Obviously, this was not a good idea.

 

[Zigner]

Her husband is being held on 5 felonies, we have an appointment with an attorney, but the uncertainties are sometimes unbearable. I just wanted to know if someone had been in a similar situation. I should have worded my post differently. We will deal with this on our own. Obviously, this was not a good idea.

I hope that by "on our own" you mean with the assistance of a divorce attorney...

 

[Angela Brockman]

As mentioned above, we have an appointment with an attorney. We will get guidance on moving forward financially and with respect to the relationship. It is too soon in her recovering to discuss divorce. She first needs to heal from the abuse.

 

[HRZ]

I think you both need to be proactive to make sure this criminal is out of circulation...heal second.

 

[Angela Brockman]

He’s being held and is not elegible to bond out. We are working with the prosecutor’s office and victim advocate. He’s looking at 1st degree kidnapping, 2nd degree felonious assault, 3rd degree domestic violence, 4th degree abduction and 4th degree intimidation of a witness. These are all felonies.

 

[Ohiogal]

I know we need an attorney. We are working on that, now. Just wondered if anyone had opinions. I’m an educator and I like discussing topics. Thanks for your replies.

YOU are not a party and have no right to an attorney. Your cousin needs to get a job. Plain and simple. She has NO RIGHT to his pension or retirement. As his payee, she was responsible for using that money FOR HIM. Not for herself. Depending on age, she may have a right to take against his social security as a spouse if they have been married long enough.

 

[Ohiogal]

“We” do need an attorney. “We” have an appointment. I’m her caregiver. Additionally, he threatened to kill me. He’s been charged with that as well. I’m not looking for exact answers. You do realize this thread is for domestic violence? People like me are going to reach out for direction, reassurance, common experiences and the knowledge of its members. You are treating as if I have no right to ask questions. You do not have to be self-righteous and act like I’m not smart enough to understand the situation. If you can’t be kind, why bother posting?

As an attorney in Ohio, you don't have standing for HER. I don't care if you are her caregiver. That MEANS NOTHING legally. If he threatened to kill you, get a CPO against him. You realize the fact that the law exists? Quit being rude and acting entitled.