Legal Question in Family Law in California

My husband and I have been together for 6 years and we just got married and moved here from Hawaii last year. We have a 3 yrs daughter. He used to smoke a lot of ICE and was physically abusing me in the first 2 years but he kick the habit. For the next 4 years he threatens me when were alone or he would do it in front of his family and mines if i didn't agree or want to anything he wants including sex. I am a caregiver and sometimes he threaten to come to my job to kill me or do harm to me and patient while i am at work. My little girl has witness a lot of this drama and when he gets into this smashing mood, you can see the fear in her eyes and she would clung to me for comfort. Recently, he put a dent and broke my head lights because i wouldn't let him use my truck. I use to smoke weed three month ago and not in front of my little girl and has kick the habit. It has help me to deal with a lot of his issues and temper. He uses that against me and that is the only reason i'm afraid i could lose her. I am tired of his mental abuse and threat and i think his threats are getting more real. Today he threaten to come to work and smash my truck. He showed up but he didn't smash my truck. Instead he stood outside and told me if he has to come here again he will kill me. He hasn't work for the last year but i guess its fair because after the birth of my little girl, i was a stayed at home mom and he supported us for the 1 year and 10 month. Divorcing has been in the back of my head for the last 3 years in fear of me and my little girl safety. He has been married before in the island of Tonga and has 6 kids but 2 child deceased both at the age of 1. He would send $150-200 every 2-3 weeks for support. I know he has a lot of anger in him and im tired. I am taking the first step into looking for help and i really need your help. Do i have any chance of losing my little girl just to divorce this angry husband of mine? Im barely making enough to pay for rent, truck and car insurance and there is no medical at all for the last 1 1/2 year. If i have a chance i am willing to save all i can just to take that first step. Thank you and looking foward to your advice with all my heart. Olivia Taualupe


Asked on 1/19/11, 3:05 pm

1 Answer from Attorneys
Arlene Kock Law Offices of Arlene D. Kock APLC

This answer should not replace the legal advice you should seek in an office consultation with an attorney skilled in California Family Law.

Olivia

You and your daughter are being exposed to domestic violence. Please contact the police and consider filing a report. The police can also help you find a battered women's shelter where you can stay with your daughter in a safe place. You have taken your first step by reaching out and asking for help. There are people and services waiting to help you.

Arlene

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Answered on 1/27/11, 7:41 am


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