Separation/Domestic Violence


#1

I sought & obtained my second restraining order against my husband who is a Marine a few months ago. The judge awarded me temporary spousal support because of the abuse and my husband’s attempt to prevent me from obtaining help by not paying me the BAH he receives from military. After he did not pay and continued to harass me the magistrate issued a warrant for his arrest. Husband then files divorce summons stating we have been separated a year which is not true. We physically separated after the first restraining order was issued back in August 2011. The date he placed on the papers corresponds to a date when he was still in Afghanistan and there had been no separation or problems. He’s doing this to justify not paying me but keeping the BAH.

I then learned from the DA’s office that when he was served with the warrant he filed as indigent although he lives in the barracks for free, has not paid the rent, kept the extra money he is paid by the Marines for having a wife. He spent all of his paycheck when he took leave the week he was served with the warrant. How does that make him indigent? He is not paying me anything, has prevented me from working by harassing me, threatening me and violating the order. I have eked by off of unemployment and what I saved when he was paying me.

I cannot afford a lawyer and the domestic violence project and legal aid do not represent domestic violence victims in divorce proceedings or domestic violence criminal matters. I have copies of his original orders showing he wasn’t even in the country on the date he claims we separated and copies of the military protective order and first domestic violence restraining order and my written complaints to the command and other officials all which detail when he was still living in the home. How is he able to do this when he is living rent free, throwing money away and NOT paying me anything yet he’s filing indigent in a criminal domestic violence action AND a divorce proceeding?

Is there any lawyer that can help me? I have always worked but the past three months have been bad since he began the harassment and abuse after the first order expired. I need the help and know he can pay but he is lying to the court and in essence abusing me in a legal sense by pulling this. I really need help navigating this and putting an end to this.


#2

That sounds like a mess. Your best bet is to hire an attorney to represent you. If you can’t afford one you can check with www.legalaidnc.org. They may be able to help you.