Domestic Violence and Child Support

N

nishagarg

Guest
Jurisdiction
California
Hi,
My name is Nisha. I got married with Arun Mittal on 2 Feb 2012 in India and came to San Jose, California, USA on 13 Feb 2012. I was blessed with a baby boy on 23 Fe 2016 in Mountain view, California. During these four years, My husband abused me physically and mentally after marriage and continuous harassed me for dowry. I thought he will be good after baby will be born but nothing changed. So, I left USA on 25 April, 2016 with a returned ticket on 3rd September 2016. my husband cancelled that ticket. Now, my husband who is in USA and his family ( they live in India), they are constantly harassing and threatening us in India If I file a case or go to police for Domestic violence as his family is politically strong in India and connection with criminal. Also, my husband filed a divorce case in India in Septemebr 2016 and left for USA. As most of the incident happened in USA, I wanted to come to USA and file case against him for Domestic violence, dowry and child support. Please let me know how can I proceed, what would be the cost of hiring an attorney?
I have following proof against him:
1) My husband and his father asked for dowry and took dowry from family and gave a written note to ask for dowry.
2) Recording of my husband to abuse me.
3) My husband and me jointly own a townhouse in San Jose for which I contributed. I have checks proof which I gave to my husband. He is saying he has thrown all my stuff (jewelry, clothes, shoes, documents, all my baby stuff) and changed locks of house. when I come to USA, can I live in my house?
4) In an email, he said he is leaving baby and does not want to provide for child support.
5) After delivery, he took me to doctor and tried to prove that I am under depression.

Please suggest what options I have? Please help me. Should I go to police first or hire a attorney in USA. In case of hiring attorney, what would be the cost?

Thanks,
Nisha Garg
 
Dowries do not exist in the US so you can not sue for that here. If you are neither living, nor were married in the US, you can not get divorced here and there is no way for the police to act. If he is in the US and you wish to travel to the US to file a divorce action, then you may. I strongly suggest hiring a lawyer. In a divorce, the house will be addressed by the judge if you can not agree and child support is pretty much a given.

If you are both in the US and he abuses you physically, you can file a report with the police. The DA may or may not press charges. If in the US you can also file for an order of protection if you fear he will be violent toward you.
 
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