Monday, January 24, 2011

Legal rights of victims of domestic violence

All people in the United States, regardless of immigration or citizenship status, are guaranteed basic protections under both civil and criminal law. U.S. laws that apply to families give you:
  • The right to obtain a protection order for you and your child(ren).
  • The right to legal separation or divorce without the consent of your spouse.
  • The right to share certain marital property. In cases of divorce, the court will divide any property or financial assets you and your spouse have together.
  • The right to ask for custody of your child(ren) and financial support. Parents of children under the age of 21 often are required to pay child support for any child not living with them.
Consult a family lawyer and an immigration lawyer who works with immigrant victims of domestic violence to understand how any of these family law options may affect or assist you.
Under U.S. law any crime victim, regardless of immigration or citizenship status, can call the police for help or to obtain a protection order.