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HELP ASAP Can I flee from one state to another from domestic violence and file for divorce?

This is hypothetical...its not me. But if I had a friend who has been married to a man for 3 years and has literally beat the snot out of her and is very abusive and they have a child together and he stays drugged up and brings illegal drugs in the house and one night pushed her over the edge. She left for the fear of him hurting her and her child...what can she legally do from another state?? File for divorce? Order of protection? What can he do too????

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Asked by Anonymous at 12:24 PM on Oct. 19, 2009 in Relationships

Answers (5)
  • You have to get a divorce in your state of residence, usually the county where you live. She would have to file for a protection order there, custody, and support. She may not be able to leave the state once she has filed, it might be considered kidnapping in some states.

    He could do the same. File for a protection order, custody and support from her.

    She should contact a battered womans group in her area and needs a lawyer. If she doesn't work the lawyer can file for her husband to pay her fees.

    Answer by Gailll at 12:30 PM on Oct. 19, 2009

  • Great advice, Gailll 12:30 PM

    Answer by RoostersMom4 at 12:32 PM on Oct. 19, 2009

  • Well....she contacted a lawyer in the state that she fled to and he says that with a domestic violence case that things are different. He says that most likely right now she needs to file and emergency order of protection. And he is searching for statutes as to where he can legally file divorce. Oh man..this is a mess for my hypotheical friend. Thank you

    Answer by Anonymous at 12:36 PM on Oct. 19, 2009

  • just went through this. yes, you can get a divorce in any county or state which you have been a resident of for at least 3 months.

    in the meanwhile, a protective order can be issued, but is VERY HARD to attain. i tried 3 times, covered in bruises, had people testify, and my ex said that the injuries were self inflicted- since the witnesses had not SEEN him hurt me, he got out of it.

    there is no recourse leaving the state if you seek out a battered womens shelter. if you are in a safehouse, even if an amber alert were fraudulently issued, it could not be enforced if you are fleeing for your safety. your child can not be taken away and given to your abuser because you left.

    if you are a CDV victim, you also qualify for legal aid in the state of residence to aide in your divorce proceedings.

    i was granted my divorce 2 months ago, after running for my life- the abuser has little recourse.

    Answer by ObbyDobbie at 2:15 PM on Oct. 19, 2009

  • Yes you can because I did.
    You file for divorce in your home state.
    I fled 12.5 hours home after I was beat almost to death. And as soon as I arrived I started the divorce papers.

    Answer by courtneyrogers at 9:05 PM on Nov. 20, 2010

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