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originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 763
Experience:  7+ years of experience in divorce, custody battles and mediation.
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I am a victim of domestic abuse (verbal abuse) from past 5

Customer Question

Hi , I am a victim of domestic abuse (verbal abuse) from past 5 years. I have two kids less than 10 years of age . Recently there was a physical threat from abuser . I would like to take a break and go my home country for short term till I feel safe to stay with my spouse . What are effects of me flying to different country till I get confidence that he took necessary counseling not abuse me or I feel safe to live with him again ? I don't want to break the relation or file a case against him.
Submitted: 3 months ago.
Category: Family Law
Expert:  originallawyer replied 3 months ago.


I'm sorry to hear about the hardships you've suffered! If you leave and go to your country, he may decide to file for divorce and ask for custody of your children. Depending on your home country, if they are a part of the Hague Convention, your country will assist him in gaining custody or at least not block his attempts to get the children back. If there is no evidence of the abuse (like pictures of injuries or police reports) it becomes your word against his and it's difficult for the courts to know who to believe.

You might be better off staying here in the US and seeking shelter from a woman's shelter like Safe Haven, or something similar.

I would suggest making an appointment with a lawyer in your area (many offer free consultations) and they can better advise you on what your husband's options would be .

Customer: replied 3 months ago.
If I want work out relation staying here , what are the options I have ? My spouse said he will go to the anger management , counceling and take necessary help to stop smoking ? Are there any legal procedures which can force my spouse to implement the above examples I mentioned above.thank you.
Customer: replied 3 months ago.
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Expert:  originallawyer replied 3 months ago.


I do not currently offer the phone call option. You may try another expert as many on here do.

Unfortunately, unless your husband is arrested for abuse and a Judge orders him to seek treatment and counseling, there is no legal means to force him to go to anger management or counseling. The court will not be able to order him to stop smoking.