Pinole, CA asked in Divorce and Domestic Violence for California

Q: I want to divorce my husband because of constant domestic violence. But I have no money. I live with him as if in slaver

I want to divorce my husband because of constant domestic violence. But I have no money. I live with him as if in slavery in constant fear. I don't know what to do. I have a temporary green card. because of my temporary green card he thinks that I am not a person and he can do whatever he wants

Hercules, CA

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Domestic Violence Lawyer
  • Sacramento, CA
  • Licensed in California

A: I'm so sorry to hear about your situation. You deserve to feel safe and live free from fear, and there are options available to help you. In California, you can file for divorce even if you have limited financial resources, and domestic violence is a serious concern that the court will take into account. You may also qualify for a restraining order to protect yourself from your husband during the divorce process.

Since you have a temporary green card, you may still be able to stay in the U.S. without relying on your husband. There are legal protections for immigrants who are victims of domestic violence, such as the Violence Against Women Act (VAWA), which allows you to self-petition for permanent residency without your husband's involvement. You don't have to remain in the relationship out of fear for your immigration status.

Consider reaching out to local domestic violence organizations in your area. They can often provide free legal assistance, resources, and a safe place to stay. It’s important to take steps to protect your safety, so please don't hesitate to ask for help from the available services.

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