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who is a lawyer? Who can help? (not a joke, this is for real)  

post #1 of 39
Thread Starter 
quick...read this thread.....

this mommy needs a lawyer.

tell Len what she should do.

http://216.92.20.151/discussions/sho...0&pagenumber=1


thanks
tracy
post #2 of 39
Surely someone at the shelter should have a minimal knowledge of law......................in my mind (extremely minimal) if she is in a shelter for abused women and families this would be considered greatly by any judge hearing custody. She needs to have everything documented and ready to go. All abuse incidences,etc.

C'mon this can't go down like this, can it?



El
post #3 of 39
mamas, im so mad at this,
I have a question, do you think her being mexican could have anything to do with the direction things are turning for her and her baby??
I dont want to turn this in to a troublesome post, just thinking outloud that maybe she has legal grounds for something if that could be the case?
post #4 of 39
bumping up the new post list....
post #5 of 39
how can a mother ever kidnap her own child unless custody had previously been revoked in a court? Am I correct in understanding she is in VA? Do husbands still own wives & children in VA? She has to have a lawyer. How do we set up a legal fund for her? Has anyone posted in the VA tribal area for someone local to help her seek aid?
post #6 of 39
Does she have any documentation of the abuse? Any hospital records? Any witnesses? Any records at the DV hotline and/or shelter? Photos of injuries/bruises? Counseling records that would provide support for her claims? Anything?? If so, she needs to marshall it NOW.

Why have her attys stepped down? Is it due to conflict of interest? Or is something else going on? This is NOT to imply anything negative about the woman (I don't know her from Eve, and know nothing about her or her situation), but merely because it could be relevant: did she lie to her attys? Did she say something on the stand that wasn't true? Did she try to get her attys to assist her in something that wasn't legal? (These are also reasons an atty might step down from a case). If any of the above happened (again, I'm NOT implying that it did, but it could be relevant), then she needs to stop; if anything of the sort has occurred, it's already hurt her case and could cause further serious, irreparable harm to her and her child.

If there's _good_ evidence of abuse, then I'm hard-pressed to understand how, even if her husband has lots of cash and excellent legal assistance, could've gotten custody. Did she have attorneys for the hearing? Did she marshall her evidence, including witnesses? If not, then she needs to file - if possible - an interlocutory appeal ASAP, and get an injunction against the order taking effect (I have no idea whether this is a possible step in her state - she'll have to check with an attorney).

If she's not gone through her local legal aid clinic yet (if one exists in her area), then she ought to do so NOW. Depending on her area, she may also be able to get an order directing her husband to pay for her atty, if she gets a private one. If that can't be done, then she should check with the local bar association to see if there are any private attys who might be able to take on her case at a cut rate or pro bono.

Good luck to her!
post #7 of 39
Quote:
Originally posted by SpiralWoman
Has anyone posted in the VA tribal area for someone local to help her seek aid?
I'm in VA (though a ways away from her) and today contacted a few agencies - one close to me that is very active and has had great success helping women in similar situations (though they are close to me, I'm hoping they might have some contacts in her area) and one domestic violence center in her area that is supposed to get back to me. Unfortunately, Friday is not the best time to get people enthused about helping out . I'm going to keep looking through the weekend for other resources for this woman and keep in contact with Len about my findings.

I'm really surprised that the shelter may have failed her in this area. Hopefully we'll run across the certain someone who can get her on the fast track to legal aid soon....

post #8 of 39
Quote:
I have a question, do you think her being mexican could have anything to do with the direction things are turning for her and her baby??
You know, part of me would really be surprised and part of me would not. There is a huge Mexican immigrant (both legal and undocumented) population in both my area and hers. In theory, whether they are here legally or not, they are entitled to the same protections as anyone else. And I know the court system here must "deal" with immigrant men and women quite frequently so I doubt that she's receiving lesser consideration because of it. IMO, it's probably the money that's talking more than anything else. Of course, it's always possible that her case had the misfortune to land in front of some hick judge who has it out for illegals. But I really think it's probably the money - or, at least, the fact that the money is enabling the abuser to take the offensive (in more ways than one) position.
post #9 of 39
Trabot, thanks for starting this thread.
Marlena, probably I made a wrong statement, about her lawyers stepping out.... what really happened is, the shelter had offered to get her a lawyer, but, because she is mexican, she was also in contact with the consulate (in Washington) and they also offered to assist with a lawyer, but afterwards, the shelter assumed that the consulate was taking care of the legal and they didn't do anything, while the consulate didn't have anyone either. So as of this afternoon she didn't have a lawyer, but was speaking with the consulate, which is hard for her because it being long distance.
I asked her and there is no evidence/witnesses/documentation/reports of any incidents before. The only thing she may have in favour is that he has a record of conviction for assault (that he lied to her about).
He has spoken with the H and he tried to lure her back to the house, if she does that, her grounds for an abuse complain do not stand ground. But so far it may be the only way she gets to stay with her daughter.
Dragonfly, I'll call her tomorrow first thing, I'll give her the information you gave me and I'll try to send her all the other posts here, in case something may help.
She is just too devastated, and I'm worried for her health/wellbeing.
Thanks everyone, and I'll keep you posted.
post #10 of 39
I forgot, I also wanted to ask a lawyer or someone who may know, there's a posibility that the H has searched this boards, and may even be reading what I am posting about her....
are we safe? should I be less specific? Can he use this information against her somehow? Maybe is too late anyway, but this has turned so ugly that I don't know what to think....
post #11 of 39
H may have no idea that these boards exist, let alone that his wife uses them. Nevertheless, I would not suggest posting further information publicly, if you're concerned it could be detrimental to her if H found out about it.

If you're worried about info that's already been posted, then you might consider editing it out of your posts.

Feel free to PM me (note, though, that I am NOT a VA lawyer, and can't give any specific information, as such). Also, there are a number of other attys on the board, one or more of whom may also be willing to help (I don't know).
post #12 of 39
Hi all,

I was the mother in trouble and now I feel safe to post because of the last things that happened. I was living in a very hard situation of emotional abuse with my husband, no hittings but I think that you don't need to be hited to hurt that much. It was just unbearable plus he threaten me to call immigration and tell them he wont sponsor me anymore and send me back to my country and will make arrangements so I wont see my daughter never again. My Visa stills as a tourist with a pending extension. Most of all our problems were because of all the big lies he told me before we got married, also some big family secrets and issues, his lack of anger management and because of the sick control of his parents in his and our lifes (they do control everything in his life, and makes him feel guilty if he doesn't follows them, plus I just discovered that their ego is so enourmous), plus he has some mental dissorders and refused to take medication, and the insults and mind games were terrible. So finally one day, and God helped me so much, I decided to leave to a Domestic Abuse and Violence Shelter with my baby. When I got there I found out that my case was really much risky than I thought, the abuse was really hard. Mostly I was so afraid of loosing her, as I was loosing my self in this relationship with out being able to fix it or end it because he refused it always. It was the best desition I could made, I felt really free and safe for a couple of days but I didn't want to go to the police because I was afraid of him having so many troubles as he has a record and also lied in his job about it, I didn't want to hurt anyone, and he will be forever my daughter's dad so I just waited for days and days until the Shelter or the Consulate would provide me with a lawyer, I wasn't even sure of what to do, just wanted to do it the less painful for all of us. I wanted so much to rest.
Well, meanwhile my husband acted so quickly, and this mostly because of his parents who took all control of the situation. They hired a private investigador, one of the bests in US (she was charging $500 usd an hour) and a really expensive lawyer, and he obtained an ex parte emergency custody with so many lies that made me sick.Then they "kidnapped" my e-mail account so they found out where I was and of course they know now about any place in which I post, but it's ok now, I wont hide anything and if they are reading this I hope God will help you because I consider you very, very bad and mean persons and I sincerely hope you can have peaceful dreams when you go to sleep with such a bad conscience (sp?).
So after the custody thing, which I went to ask by myself about it at the Court and signed it (I thought I wasn't served though) I was now commiting an abduction and I was commiting a crime! God, it was really a nightmare. After I found this I called him and we agreed on doing the things the right way, he was going to drop off that totally unfair custody, was going to look for medical help for him and even was going to issue passports and authorization letters for my daughter to fly to Spain with me, and yes, with out abuse and control, we were going to try to fix our relationship in the future, after he would really start helping himself, that was last Thursday's night and the next morning the police called the Shelter sayingthat the father , my husband, just called to urge them to recover his child (he later told me that his father made the phone call with out telling him about it), and I was "about to spend many years on jail if I didn't deliver my daughter at 2:30 at the Sheriff's office". His mother and his exgirlfriend were the ones who were going to pick her up (can you imagine that???) but he "changed" his mind and decided to pick her up by himself at 5:00 letting me the possibility to go back to him and not been separated from my daughter... just the thought of spending one night with out her was so hard for me then. So yes, I went there, he lied on his knees and asked me to come back to him and sadly I didn't have any option. I am back to my husband, and I found out that his parents were the perpretators of all of this (and yes, also him because he signed all the documents), that they always wanted us to get a divorce and obtain the custody of my baby so they could have her and my husband would married his exgirlfriend.
Everybody knows that I am an excellent mother (sorry for the lack of humble but I need to say it for the next statement), even his parents, just to see my baby, who is always extremely happy, with a smile that enlightens any room and any heart and so healthy growing up like a weed and ... and For God sake: I was about to be in jail!... by the hands of my inlaws... Ok, so my husband knows that I am not here by my own will, and I do still love him, I think I will always will so we will try to fix this, he is working in drop off that custody thing, he will go to several therapies, including one designed for abusive husbands, also we will go to marriage counseling and he accepted that he is an abuser, he will stop contact with his parents, at least me andmy daughter wont see them never again, and he also knows that I wont tolerate any more abuse and I will leave again if this happens, but now with papers on my hand (which we are working on), plus my staying on the Shelter plus some more things count as a proof of abuse if anything else happens. The most important part of this is that I will never hide it again, now everyone knows it and also everyone follows up. It was so hard for me to feel absolutely alone with such a carry on my shoulders, and now, thanks to you wonderful ladies, and many, many other people I know I'm not .
My pets remain in the Shelter, soon they will come back to us, my daughter loves them so much but I would appreciate to know any data of possible foster homes in VA for them just to keep them on hand.
I really hope that we can make it thorough this, so many emotional scars but just his real willing to do it, even if I was cohersed (sp?) to come back, could be the difference.
Also after reading this, any legal advice will be appreciated. My husband knows that in order to really have a wonderful relationship I must feel safe after such a horrible trauma. He also knows that if I stay with him after this, it's because I really will want it, with out control, with freedom... that is what we are looking for .
Please keep us in your prayers and THANK YOU very much for all your help, specially to my dear Len
post #13 of 39
Oh Eggie! What an awful experience! I truly hope that everything works out for you and your daughter. We all need to feel safe and loved.
You sound like a very brave woman and a good mom.
Just know that we are on your side and that there is a community here that you can come talk to and find support and advice and help from when you need it. Good luck to you and your family. Take care of yourself!

post #14 of 39
{{{{{{Eggie}}}}}}



That's just awful! I hope you can find the strength to do what's best for you and your daughter, I hope your h can find the courage to choose for you and not his parents.

wishing you the best and thinking of you
post #15 of 39
I'm keeping good thoughts in my heart for you.
post #16 of 39
post #17 of 39
s to you!! We're here if you need anything!
post #18 of 39
Hey Len

I have posted this is a couple of other places but I think people just ignore my posts these days.

I know a great lawyer in legal aid here in Los Angeles your friend can 1. talk to and 2. can get concrete way to secure a lawyer in VA.

this lawyer deals with Mexican mamas a lot too, and Mexican mamas married to Americans.

That's my last try! thanks.
post #19 of 39
I'm not a lawyer, but from your post Eggie it looks to me like a restraining order against his parents is in order!

If counselling and working on the marriage is what you both want, then I wish you well and all success.

But if the grandparents of your child continue with that kind of interference and abuse (yes it is abuse IMO to interfere with your son's marriage) then I'd not hold out much hope.
post #20 of 39
Eggie, I have been following your story, and want you to know, if you ever need to talk, or need advice.. I am a victim of abuse..verbal and physical..and actually the emotional and verbal abuse is far worse than physical.. physical wounds may heal, but the emotional scars they, and the emotional abuse leaves, take a long time to heal. I wish you the best in working out your marriage difficulties, and I agree that this will be difficult with the interference of other people such as his family. Please know that there are many here to help you, and whenever you need, I am here for you. Karen..magnoliablue
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