Husband has been controlling me for over 18 yeas. I have no access to any of his assets after over 24 years of marriage. No access to bank accounts, cash, savings, etc. Has been verbally, emotionally, and financially. He has been cruel and he demeans me constantly. Controls if I get my medications even if they are supposed to be taken daily for life! I am having a hard time getting help because he lied and got a restraining order on me! Legal aid finally stepped in to help with the contestment hearing only! No one will help me! I have tried for help before and I see how women get stuck kin these horrible situations! Please help me!!
This is not an immigration issue. Perhaps a Criminal Defense Lawyer or a divorce lawyer might be helpful.
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There are no papers for this. There is no such thing as "pressing charges" for private persons. This is a common misconception. Criminal charges are investigated by the police and brought before the Court by a prosecuting attorney (a district attorney for state crimes, or United States Attorney for Federal ones). Private citizens can make reports of crimes to the police and cooperate with the DA in their cases - which is usually what we mean, when we talk of "pressing charges" or the like - but that's all they can do. They can't legally compel (or refuse) any prosecution.
The police will often ask crime victims if they want to "press charges," but this question is deliberately misleading and I wish they would stop. When the police ask people if they want to "press charges," what they really mean is, if we arrest this person and refer to the DA for prosecution, will you help by showing up and testifying? In many cases, the victim's assistance is needed for a successful prosecution, and the police recognize that and imply to them that they, the victim, have the power to decide whether the case is prosecuted or not. But in other cases, the victim's cooperation is not necessary, and the police and DA don't let them make that call. Many crime victims (particularly in domestic violence cases) don't want charges to be filed, but it happens anyway. The only person who has the power to file charges, really, is a prosecutor. So when you make a report to the police, you should do your best to be calm, coherent, and credible. This is, I know, an unfair burden to lay on someone who's just been assaulted; but it's how the system works.
What you can do, however, is file a petition for divorce. You always have the right to a divorce, if you're married, in Oregon, without having to prove any reason. You also have the right, when you file for divorce, to get complete information about your husband's finances and assets when you file for divorce. You should consult with an attorney in private for assistance with this.
Please read the following notice: Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and are not intended to constitute legal advice, create an attorney-client relationship, or solicit business. No posts or comments on this site are in any way confidential. Each case is unique. Information not contained in these posts may create significant exceptions to the advice provided in any response. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation.
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