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I have just left my abusive marriage and I am wondering if

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I have just left my abusive marriage and I am wondering if I can press criminal charges as my husband neglected me when I asked him to take me for medical help.I am a UK citizen he is US citizen & as he petitioned for me to be in the country he has some responsibility to my well being.I now have a 2 year conditional Green card.I had what I thought was a urine infection and had begged him to take me to a doctor.He kept saying
he was unable to because of work.I had been bleeding on and off and at one stage asked him to get me a pregnancy test,he said he would see.The significance of my dependency on him is that I was unable to drive and coming from London always relied on public transport.However my husband
grew increasingly abusive restricting my ability to drive etc.He eventually took me to a doctor almost a month after me begging him,no diagnosis was made,aside from me having high blood pressure,this was put down to stress.I explained to the doctor my family situation was stressful.The next day how ever I was on the toilet with cramps and bleeding,after much persuasionmy husband then rushed me to the hospital where 2 days later it was discovered I had an eptopic pregnancy.I feel my husband should face criminal charges of neglect for failing to support me in getting medical attention earlier and putting by life in danger as an eptopic pregnancy is life threatening.Do you think this is a case for criminal negligence.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  LawTalk replied 1 year ago.

Good morning Naomi,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

While the US has laws against criminal neglect of minor children, and of the elderly and disabled and elderly who are entirely unable to care for theme selves, there is no criminal law prohibiting a spouse from failing to drive their spouse to a doctor.

I do empathize with your situation as you had no way to easily get to a doctor or a hospital for what you considered either a serious condition or an emergency. And you are correct, an ectopic pregnancy can be a life threatening medical issue.

However, in the circumstances that you describe, because you are not completely disabled and unable to care for yourself, nor are you a minor, the state would not consider prosecuting your husband for neglect, or any other harm to you.

If your husband has done other things such as hit you, push you or otherwise beat you, then you may file a complaint with the police for domestic violence, and for that they will investigate and prosecute.

In addition to the temporary protective order that you now have, you may also file suit in court against your husband and seek either divorce or file a suit for spousal support and seek a court order that he pay you a portion of his monthly income as spousal support while you are separated so that you can pay for the necessities of live.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug

LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27889
Experience: 30 years legal experience
LawTalk and 3 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.
How do I file a suit for spousal support?While I am seprerated?Would I need to seek a family lawyer to get this done?Kind regards,Naomi
Expert:  LawTalk replied 1 year ago.
Good morning Naomi,

How to file suit is the $64,000 question. If you are not an experienced litigator, you would be much better off having a local family law attorney file the petition for you. You are much more likely to have it done right the first time, and begin getting the support payment sooner if you have experienced help.

But yes, even while you are separated, you have the right to seek spousal support.

As I suggested, you would be much better off having a local family law attorney do this for you---but if you have more time than money, you can try and do it yourself. Virtually every county has a law library. Ask the law librarian to show you where the books on Pleading and Practice are located. Generally there are many volumes of Pleading and Practice books from which you can pick the proper one for your situation. While the librarian is typically not a lawyer, and cannot practice law, most are quite willing to assist you in locating the chapter in the Pleading and Practice book which you will need.

Once you have found the appropriate pleading, you will note that in addition to the sample pleading which contains all of the necessary structure for your Pleading, there may also be suggestions to make your pleading more persuasive. Prepare your pleading in accordance with the suggested format in the book, inserting the facts of your case as you know them to be. Then all you will need to do is to draft the pleading on your computer, print it out and file the original with the court while serving the other party, or their attorney, with a copy.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug

Customer: replied 1 year ago.
Thank you very much for your kind help!blessings to you and your family!
Expert:  LawTalk replied 1 year ago.
Good morning,

Thank you for your very kind words, Naomi. They are appreciated.

Thank you too for your positive rating of my service, . It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again, and have a wonderful weekend.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.
Customer: replied 1 year ago.
I am going to talk today to an attourney & do as you suggest & get a court order for spousal support.When I start work does spousal support stop?i am a conditional Green card holder based on marriage and left the marriage because of financial and emotional abuse but we are still married and in terms of immigration I have been told not to divorce right away.As my husband is not financially responsible,what happens if he refuses to pay alimony?
Expert:  LawTalk replied 1 year ago.
Hi Naomi,

You asked: When I start work does spousal support stop? No, it does not.

As my husband is not financially responsible,what happens if he refuses to pay alimony? If he is ordered to pay support and does not, you would have your attorney file a Motion for Contempt and the court can order him to pay you, or even jail him for contempt of court.

Doug
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27889
Experience: 30 years legal experience
LawTalk and 3 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok thanks alot.I have a court date for a more permanent restraining order on my husband as following a disagreent,my husband cornered me,raised his clench hand towards my face whilst threatening to blow me out.The police officer did not make an arrest as my husband did not actually physically punch me...that was because I screamed and got past him,so the police officer has not made any police report , there is just my 911 call.The night of the incident both my husband & I had had a small amount of alcohol to drink.The officer repramanded us for that as we had his children at home.We live in a dry county.My husband on the officers recommendation left the home so nothing further could escalate.However my husbands act of aggression was random and unprovoked which left me feeling frightened ,& that's why taking previous threats and abuse into account I called 911.My domestic violent advocate at the time recommended I leave alcohol out of the order of protection.Now in the new shelter the advocate is pushing for a police report.On hindsight I think the officer who was very busy was also being nice & when I told him about financial abuse recommended I stay in the home & file an order of protection...once my husband had left.Now am worried if the officer is pushed to make a report ..this could go against me in getting more permanent order of protection.
Expert:  LawTalk replied 1 year ago.
Good morning Naomi,

The fact that the officer may be requested now to prepare a report of the incident would not tend to weaken your chances of securing the permanent restraining order. The order is issued based on the threats made by your husband while he had you physically cornered and unable to freely move about. This alone constitutes assault under the law, and with the addition of the clenched fist and the threat to beat you---that justifies a restraining order.

I don't see the office now filing a report harming your ability to get the order.

I with you the best as you move toward extricating yourself from this bad situation.

Doug
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27889
Experience: 30 years legal experience
LawTalk and 3 other Criminal Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.
Good morning,

Thank you once again for your positive rating of my service, Naomi. It is always my pleasure to assist you.

Have a great weekend ahead.

Doug
Customer: replied 1 year ago.
Thanks so much!I now have a temporary maintenance order for my husband to pay me some spousal allowance!Yhe attourney said it could not be made longer than two years based on the length of the marriage according to Arkansas law.I wondering if all this sounds ok,I have gone ahead with the attourney's proposal.
Expert:  LawTalk replied 1 year ago.
Good morning Naomi,

There is no specific law in AR that states an exact period of time that a spousal support order may be in effect.

However, as a general rule, in short term marriages of less than 10 to 15 years, the court will generally order support for no more than about half the length of the marriage. There are other factors that play into the period of support---but half the length of the marriage in a short term marriage is typical.

I suspect that you are getting good guidance from your local attorney, and nothing you have said would make me suspect that your attorney is not doing a good job for you.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27889
Experience: 30 years legal experience
LawTalk and 3 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.
Many thanks again for your reassurance and professionalism.Blessings,Naomi
Expert:  LawTalk replied 1 year ago.
My pleasure Naomi!

Have a great weekend ahead.

Doug
Customer: replied 1 year ago.
My abusive husband disclosed to me that he had never told his ex wife that he had genital herpes,he also disclosed he had knocked his first wife out but she never filed criminal charges,he says it was self defense as she had attacked him with a hose pipe.Can any charges be filed against him on this,I have reported him anonymously to social services and have a charge of domestic violence against him.
Expert:  LawTalk replied 1 year ago.
Good morning Naomi,

1. Did he go on to infect his ex wife with genital herpes, and if so when? What year?
2. When did he strike her with a pipe?

Doug
Customer: replied 1 year ago.
Hi he knocked his wife out,dates are not clear possibly around early to mid 1990's.He married his ex wife knowing he had genital herpes he told me.Its unclear if she ever got infected,she may not know as Herpes is a silent virus that people often have without knowing.She then went on to have three children,I know that recently they have had HPV shots.His children are 12,12 and 16 one has a low immune system although my husband had been medically neglectful of them and this has been reported.
Expert:  LawTalk replied 1 year ago.

Good morning Naomi,

As the assault on his wife would have constituted a Class B Felony (Use of a deadly weapon to cause serious injury to a family member), at worst, it had a statute of limitations of just 3 years, and the crime is no longer capable of being prosecuted. And while Arkansas criminalizes the transmission of HIV/Aids, it does not to other diseases. So, no criminal charges are available any more for those instances.

Had he knowingly infected her by failing to disclose that he was infected, she could have sued him under Tort law principals. But the limitations period there again, has long since passed. So, she would not have any civil case against him.

So, based on the amount of time that has passed, he would not be able to be charged for what happened back in the early to mid 1990's. I'm sorry.

Doug

LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27889
Experience: 30 years legal experience
LawTalk and 3 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok many thanks again & blessings,he seems to have got away with so much!so the fact they both had 3 children that he potentially could have infected is of no matter in this case?
Expert:  LawTalk replied 1 year ago.
Hi Naomi,

What could have happened in never an issue in a criminal case---or a civil case for that matter. And if infected, they were likely infected by the mother---not the father.

Doug
Customer: replied 1 year ago.
Ok thanks any way!

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