Legal Question in Family Law in California
Mental abuse
My niece lives in Los angeles and has been married for 6 months. She has just told her parents that her husband is mentally abusing her and demanded that she delete her fathers name from the bank account and replace it with his name. He has demanded that she cut all ties with her side of the family. He makes her sleep on the floor.The parents want to bring her home. Please advise on the legal procedure and if they should have a witness when they go to bring her home. should she freeze her bank account?
2 Answers from Attorneys
Re: Mental abuse
Your niece is married therefore she is an adult. Picking her up when the husband is gone or at a location other than home may be the best approach. This will reduce any coercive control he may have over her. You cannot remove her from this situation unless she wants to go.
Re: Mental abuse
If your niece is of legal age then she can do whatever she pleases. If she wants to physically move away from her abusive husband, then she can do so. It has to be up to her however; she cannot be compelled to do what she does not freely agree to. A witness is not necessary, but may not be a bad idea if you think that the husband would try to stop her from leaving. Calling the police and telling them that you wish to keep the peace as you take her from the house might mean that a police officer would show up and by his very presence keep the husband from doing something stupid.
As for the bank account, it is unclear who owns it, so I can't make any recommendations on that score.
Good luck.
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