If you are a victim of DV, and forced to sign sep papers


#1

If you are a victim of Domestic Violence and on the date of the DV hearing, have 5 lawyers staring at you, never “technically spoke the words, if you do not give your husband a deferrment of prosecution, then you will not receive any support”? Does that still make the agreement legal even though I was lied to in the aspect that my husband retained a lawyer, sat with him (the lawyer)for over an hour on the 4th floor of Char-Meck court room, told him the story of the DV incident that I had finally the nerve to put him in jail after years of abuse, and the lawyer I sat with went and told everything I spoke about to his “dream team”. He has left me with no money, is trying to add changes to the agreement and is now dating/sleeping with another woman. We signed the sep agreement, but he forced me to move out and it was one year after the date of the agreement. I recently had a very bad foot break and am unable to work, I will be homeless very soon, and with no support from him, I can’t afford a lawyer, especially Rosen, because quite sure your firm knows all the attorney’s he used, and would love a shot at getting back, as would I?? There is more, but this is long enough. No children involved, I had no lawyer to help me with the agreement, and now he wants to file for divorce this month. ( agreement was signed 8/2009, I moved out 7/2010).

Seriously need help… I am afraid to leave a name, he cyberstalks me as it is.


#2

The facts as you have stated them paint a very disturbing picture. You should certainly consult with an attorney in your area and make sure you know what your rights are and how you should proceed. If you cannot afford an attorney, you should consider using Rosen Online to assist you in answering questions and assisting you with proceeding in any future court appearances.


#3

Unfortunately, I can not afford an attorney, and I know I so desperately need one. However, with him with-holding every penny from me, and a badly broken foot (that I am trying to get SSI), I have no way of income, other than food stamps. He is about to drop me from insurance, which therefore will affect disabily, If I can’t go to the DR, or PT due to lack of money, I won’t get disability. I, just HONESTLY do not understand when you are the dependant spouse, how this is even legal, along with a 10 year DV history? He still threatens me to this day with “taking the car and telling/suggesting me walk to a bus stop”, I can barely walk through my apartment without massive pain. On the night he was released from jail on DV, (prior to that, he had a $2500.00 bond, secured) and 4 days later at the last minute, at midnight, allegedly the judge waived the bond, and stated “the only way he could be released was for ME (the victim) to co-sign him out of Char-meck”. On my birthday I sat there scared as all get out as to his reaction when he would walk through those doors. I would love to use Rosen, for many reasons, but in part his lawyers, all 4 now are pretty well known and very good, apparently. They got me, and I come from a family of Attorney’s. Any suggestions on legal aid/or a pro-bono lawyer who would take this case? I looked and saw two sites for legal aid, but nothing that really informed you. I am MUCH more prepared now than I was at the DV/SEP meeting, but I was also “lawyer-less”, while he had 5?? One last ??? (he wants to do mediation, but now with my knowledge, somewhat, I know for sure I WILL not do it this time without a lawyer someway, can I rescind the sep agreement under distress of how/when I was forced to sign it?, and can I enforce or judge/mediator him to pay my legal bills?)


#4

If you need pro bono assistance, you should contact Legal Aid for assistance. Whether you can set aside the separation agreement would require an in-depth analysis of the facts, which is outside of the scope of this forum. Due to your financial situation, you may be eligible for an award of attorney’s fees if there is a court award of custody or support.