By Christa Daley, Staff Attorney, Family Law Unit
Despite that our client, Diandra (fictitious name), was the victim of past physical abuse for which her husband Marco (fictitious name) had been arrested, and that she suffered recent verbal abuse and threats, her case seemed difficult to prove because there was not much physical evidence and there were no witnesses. Marco had slyly made his threats of violence against her and her children when no one else was present.
When Diandra contacted us, she was distressed and worried that she and her four children would become unhoused because a social worker told her that she would have to move out of the mobile home that she and Marco shared. Though she was granted a temporary restraining order that mandated Marco to move out, he told her that she was the one who had to leave. He said his mother had sole title to the mobile home and therefore she did not have a right to stay living there.
When we took the case we found that Marco’s claim was false and was likely said to intimidate Diandra. Although it is still uncertain if the couple were both on the title to the mobile home or if Diandra is the sole owner, we were able to ascertain that Marco’s mother was not.
I represented Diandra at her permanent restraining order hearing. On the first day of trial she gave testimony, and the case was continued for a week. However, before the next hearing, Marco, through his lawyer, surprisingly agreed to a one-year restraining order. He also agreed that Diandra have sole legal and physical custody of their two sons, with limited visitation by him. Diandra was very pleased with this development and marveled that how what seemed difficult when she came to us was so easily settled.
Secure in her housing and freed from Marco’s presence and abuse, she was clearly ready to take the next steps. Since she is undocumented, I referred her to our Immigration Unit for possible assistance with a U Visa*. Additionally, she shared with Family Law Unit paralegal Isabel Cuesta, who worked with me on the case, that she was seeking a lawyer to help her with the divorce process.
She left Isabel a note of gratitude, which always reminds me how vital the work we do is, “Thank you very much for all that you have helped me. Thank you. The truth, without you, I do not know what I would have done. A thousand thanks to you and Christa”.
*The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.
