Do I have a chance of getting spousal support if I was a victim of domestic and sexual assault?

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Do I have a chance of getting spousal support if I was a victim of domestic and sexual assault?

I have been married for almost 3 years. My husband and I had been not getting along for a while and about 4 months ago I had to walk with the kids (ages at the time 5 months, 1 1/2, and 3) to the store. When I got back to the house he stated that he just called the state police and that I should get out . He went to jail for 10 days back in 2009 for domestic abuse myself and my our son who had to be checked out at the hospital; I was pregnant at the time. He  controlled me and spied on me and the phone calls that I made. I wasn’t even allowed to see my daughter who used to live with us.

Asked on May 26, 2011 under Family Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The fact that you were the victim of domestic and sexual assault does not take away your right to spousal support, child support (if you are a custodial parent), and also a distribution or share of the marital assets (e.g. of jointly acquired property).  The issues will likely not be legal but practical: will your husband lie in testimony, to weaken your claims? Once you are awarded some support, will he simply refuse to pay it, forcing you to take further legal action? Are you at risk, and should you get a protective order of some kind? Etc.

You should speak with an attorney right away. If you can't afford one, try talking to Legal Services--they are very good in NJ, and I believe they have a unit which provides free legal assistance to poor women who need it. Good luck.


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