Legal Question in Criminal Law in New York

My spouse has been using domestic abuse against me since we got marry 5 years ago, I was new in USA, so I didn't know it was a crime. I accept all her intimidation until one day I didn't and she yield on me asking me to leave her house, so I did to avoid any problems. I should file a police report but I did not. I filed for a divorce after a year separated and she contested the divorce now we are going to court for this. However I have her voice in tape that she threat me and my children few months ago, she has been calling me every month several times, even if I don't answer she left nasty message to see if I'll get scare of her. I can't rent an apartment because she said it doesn't matter were you go I will find you.

Every day after work I have to keep checking if someone is following me. My children are from a prior marriage and she sponsor me and my kids, now she says I owed her because I'm sponsor us. When I filed for the divorce I didn't claim anything from our assets. We have a car and some money in a join account. I don't really care about this I just want to feel safe.

If I filed for Domestic Abuse, Will she be in jail until a trial?

Please explain me how it works? I don't want to put her in jail, but at the police station they say this is the way it works.

We had the hearing for contested divorce last month it's an issue with the health insurance.

She treats me last time we spoke saying "you'll have to spend a lot in attorney fees."

However I have proof that she is still calling me and hanging up. Have my Cell statement that shows her numbers calling all months, some days up to 17 calls one day, I can't concentrated at work.


Asked on 10/04/09, 9:15 am

1 Answer from Attorneys

Locksley Wade Law Office of Locksley O. Wade

You may seek an order of protection from stalking. ON the other hand, this is the type of case that should be handled by an attorney.

Read more
Answered on 10/13/09, 8:22 am


Related Questions & Answers

More Criminal Law questions and answers in New York