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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86581
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hi I want ask if this situation legal or not. and if I ask

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Hi I want ask if this situation legal or not. and if I ask for claim can I win. Two years ago, he take me to US, I had to stop my college that time. and swift to study here from the beginning , because I already a junior students in china. But now we live together, he treat me bad, and I cant tolerant any more. in addition he ask me have sex with him twice a week ,but I dont want . no body know I with him. can i accusing him kidnaping? and I dont have any income right now. can I find a free lawyer from the court or pay for it later?
Submitted: 9 months ago.
Category: Legal
Expert:  Ely replied 9 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Can you please tell me:

1) Has he kept you from leaving? In other words, did he deny you the ability to leave if you wanted to?
2) Did he every threaten you?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 9 months ago.

no he didn't , but in my situation means I waste so many years and get nothing,no degree from my own country and no degree from here. he use car tracking follow me, check my phone call record and text record. I guess he might arrange somebody followed me ,but i'm not sure about it.he is 25or more elder than me.

Expert:  Ely replied 9 months ago.
Thank you, J. Apologies in advance for the momentary wait while I am typing out your answer...
Expert:  Ely replied 9 months ago.
J,

This answer may be answered both in a CRIMINAL sense and a CIVIL sense.

CRIMINAL
To charge someone with kidnapping, they would have actually have to have been kidnapped. Under § 18.2-47, Any person who, by force, intimidation or deception, and without legal justification or excuse, seizes, takes, transports, detains or secretes another person with the intent to deprive such other person of his personal liberty or to withhold or conceal him from any person, authority or institution lawfully entitled to his charge, shall be deemed guilty of "abduction."

You came willingly. So this would not be kidnapping.

However, if he forced you to have sex with him, then this is rape and this is illegal. It is highly recommended to file a police complaint about this is this happened or still is happening.

In addition, tracking someone electronically is also illegal in most jurisdictions. Again, this can also be included in your complaint.

CIVIL
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

Here, you may have a case for:

1) Intentional infliction of emotional distress;
2) Civil assault and battery;
3) False imprisonment (maybe); and
4) Invasion of privacy.

The fact that you left your home country voluntarily is unfortunate but in itself is not his fault, or, you giving up studies for him. It is only what he has done which may be a basis for legal action.

You can likely get a free attorney, yes. If you file a criminal case, the authorities are likely to provide some help and he may be ordered to leave you alone and be restrained from contacting you. If you file a civil suit, I can recommend three resources. First, here is a list of all pro bono work in the state...

http://www.abanet.org/legalservices/probono/directory/virginia.html

…and another list:

http://www.lawhelp.org

Finally, you may call your local law school and see if they have a legal clinic place available. The legal clinic is a free service the school(s) provide to the community. While they are often overbooked, they have openings sometimes. Here is the list law schools in your state:

http://www.hg.org/law-schools-virginia.asp

Finally, know that there are SHELTERS for abused women in Virginia:

http://www.womenshelters.org/sta/virginia

You can "run away" to any of these shelters.

Please stay safe, and good luck.

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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86581
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 16 other Legal Specialists are ready to help you
Expert:  Ely replied 9 months ago.
Thank you for your gratuity. Again, good luck and be careful!

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