Legal Question in Family Law in Louisiana
Native American Lady going through a divorce
I am registered with the Rosebud Sioux Tribe. I am now a single mother of 3 children, left with all the bills and no money. I am a battered woman and can't get a restraining order against my estranged husband, because he left no marks,this time. even though he threatened my daughter and I. I have been terrorized with my lic. plate being taken off my car, my daughters tail light broke and my cable line being cut.My estranged husband went on a high speed chase with the police when they were called to my home. He never got arrested, had no insurance or a motorcycle endorsement.I couldn't press charges because he left no marks. I was told by the Sherriff to get a restraining order and couldn't get one, was referred to safe harbor only to be told the same thing, he left no marks on you. I can not afford an attorney. I only work part time at the moment and need help with getting advice and what my rights are. This is a community property state, and now he is trying to throw me and the kids out of our home. Any advice would be much apreciated.
1 Answer from Attorneys
Re: Native American Lady going through a divorce
I am not sure why you mentioned you were a member of the Sioux tribe, but have you called the tribe for assistance? You can file for a restraining order without marks, but cannot get an "instanter order" of protection unless you have proof of physical/mental abuse immediately before you ask for the order. Contact the local women's shelter for help. If you were in Calcasieu Parish, there would be an excellent chance you could get your immediate order.