legal advice from US guppies

[Airhead]

Re: legal advice from US guppies

@Khalil KhaaN FaaKhta

oh no…not another thread for advice to a friend.

first she has to call police, lay charges against him, get him convicted, then she should go to a civil court to sue him for pain N suffering.

Thanks!.

@Paheli00

Yes. When it comes to civl and criminal law, green card holders have the same rights as a citizen. They can file a lawsuit, police reports, and even be defendants in a lawsuit (ie. others can sue them). The sister can file any type of civil suit against anyone. But keep in mind filing a law suit doesn’t = winning the lawsuit.

If the sister doesn’t have any physical evidence documenting the abuse…such as police reports, medical reports, witnesses who have seen the abuse or heard him make threats etc…..then its a waste of time. Like X2 said, a lot of women’s shelters often have probono lawyers. She should contact one of them and go from there.

I doubt she has any record of medical reports regarding the abuse, she is just way too scared to do anything on her own as she does not have any family living in or around California.

@X2

I may have read this wrong, whether the dude’s wife or the wife’s sister is looking to see if she can sue him. I thought the OP meant the latter.

If it’s the former, she has a lot of rights, usually a pattern of issues helps but please don’t advise her to stay in an abusive place to just build a pattern on record or have witnesses and dates.

Her best bet is to talk to the lawyers, and btw if things are bad she may want to remove herself from the situation pronto.

a friends sister is going through this and she (the sister) - a green card holder - wants to know if she can file a law suit against her husband, apologies for that, lol.

@Enterprise

Best advice is for her to contact a desi lawyer or a female lawyer.

i have found that desi lawyers are more understanding of our cultural practices and are usually more street smart than the gora lawyers.

But would you say that Desi lawyers would be able to work better with evidence or lack there-of in such a scenario? where are the victim is too scared to act on anything as she does not know anyone besides her in-laws in the state she resides in.

@LucyMay

I’d recommend she starts collecting any evidence while she can. If he’s been physically abusive, get checked out by a doctor and get the medical records. Definitely contact a women’s shelter. Most Dr’s offices in the US have contacts/info on what someone can do in case of abuse.

Thanks, will pass that information on.

@nidakibachi

Yes green card holders have most of the rights that citizens have. Major differences are that GC holders can’t vote or be on the jury. But GC holders can definitely file a civil lawsuit.
The only way she has the chance to win the lawsuit is if she documents every abusive incident. Call the cops and go to the doctor every time. Once there is proof of abuse and he is criminally charged, then she can also file a civil lawsuit.
But may I ask, why bother with the civil suit? Why doesn’t she get a divorce?

Thanks, appreciate it!.

The reason she wants to file a law suit is out revenge maybe perhaps, I am not quite sure though.