• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Urgent domestic violence question

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

sunndy66

New member
Hi everyone, I live with my husband, his father and my child. Last week I have a small issue argued with my in law, then he started to hit me, I defense myself, then my husband hold my neck very tight make me very hard to breath. They both hit me together. I got little bleeding and hurt with one finger and got hurt for my both hands and arms. (they twisted my hand but very hard too see physically). I took some photos for my finger and neck and went to doctor's office one day after, but did not call police. Here are my questions:
1: How I can to find some low cost laywer (if maybe someone can speak Chinese?) at bayarea (eg. oakland zip code 94609 area) as I only have a P/T job?
2. Do I still call a police to report or file? But I have no place to live, I afraid they will hurt my child and me ? (They have a lot relatives around here)
if I have to call police, do I find a safe place first or call first? Is it too late to call? What is the maximum day I can file the case (3days? one week?)
3. What is my next step and something need to handle as soon as possible?
4. How I can to find some low cost legal assistant/ advice?
5. My husband bought a house (loan from a bank) before married, after 5 years he added my name to
change a loan, but he pay pro tax every year. is it must be hire laywer to divide the property?
6. I will move out this house later. if my child live with me during the period offiling divorce, am I will get more custody later?H
Thank you so much for everyone's help, I am really appreciate!





 

hidden danger

New member
There are many organizations that provide shelter and have volunteer lawyers to protect victims of domestic violence. For example in Oakland CA there is the Alameda County Family Justice Center, which has a 24 hour crisis line for victims of domestic violence call 510-757-5123 for assistance and advocacy as you're a woman in immediate danger of violence. In Marin County, CA there is the Center for Domestic Peace,
https://centerfordomesticpeace.org
 

not2cleverRed

Obvious Observer
Hi everyone, I live with my husband, his father and my child. Last week I have a small issue argued with my in law, then he started to hit me, I defense myself, then my husband hold my neck very tight make me very hard to breath. They both hit me together. I got little bleeding and hurt with one finger and got hurt for my both hands and arms. (they twisted my hand but very hard too see physically). I took some photos for my finger and neck and went to doctor's office one day after, but did not call police. Here are my questions:
1: How I can to find some low cost laywer (if maybe someone can speak Chinese?) at bayarea (eg. oakland zip code 94609 area) as I only have a P/T job?
2. Do I still call a police to report or file? But I have no place to live, I afraid they will hurt my child and me ? (They have a lot relatives around here)
if I have to call police, do I find a safe place first or call first? Is it too late to call? What is the maximum day I can file the case (3days? one week?)
3. What is my next step and something need to handle as soon as possible?
4. How I can to find some low cost legal assistant/ advice?
5. My husband bought a house (loan from a bank) before married, after 5 years he added my name to
change a loan, but he pay pro tax every year. is it must be hire laywer to divide the property?
6. I will move out this house later. if my child live with me during the period offiling divorce, am I will get more custody later?H
Thank you so much for everyone's help, I am really appreciate!





回复转发





Do an internet search for "domestic violence resources oakland ca". Some domestic violence advocacy groups offer (needs based) legal help. http://www.acfjc.org/

You might be able to stay at a shelter for victims of domestic violence, where you will be protected.

Protect yourself and your child first, worry about assets later.
1. Report this to the police. Having a police report helps if you want to get a restraining order, and the police can also provide information about local resources.
2. Contact the domestic violence advocacy groups. Ask for help with establishing an ESCAPE PLAN. If you are not ready to petition for restraining orders or living in a crisis shelter, then you at least have to start planning your way out. This includes gathering your important documents that you will need when you leave.
3. You are not fluent in English and you are emotionally fragile, so yes, you would need a lawyer to handle a divorce. The house's mortgage was not paid off before you married. If his mortgage payments during the marriage were made with money he earned during the marriage, then the increased equity in the house is a marital asset. Make sure to get your name off of any loans connected to the house in the divorce.
4. Custody is determined based on the "best interests of the child". One can argue that stability is important for a child. One can define stability as "not moving". Another might argue that stability means keeping the child with the same primary caregiver (the person who takes care of the child the most). It's considered to be in the best interests of the child to have a relationship with both parents. However, when there is abuse of the child, that can be taken into account, to make sure that the child is safe.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top