Friday, June 18, 2010

Can i file for protection & annulment, after wat happened to me?

my ex husband worked abroad as a sea man, when he got back he was totally different from the husband i knew back then, he started having temper problems, like when he gets mad he starts pin pointing my head and saying im hard headed even though never did anything and say really really mean things to me, he would pull my arm in front of the kids, he pulled my hair several times even though my mom is just on the other room, at a party of my aunt he did the pin pointing again hold my arm really tight and humiliate me in front of my friends and family that im a poser, then one incident he was trying to get back to me i didnt want to talk to him anymore we where outside of my store he pulled my arm once again and my left elbow hit first the cement post then my back at the metal roll up and i fell down the floor, another was when he visited his son he even tried to cut his arm with a knife in front of the kids, he even threatened to get my child, i also discovered he had 2 kids way back



Can i file for protection %26amp; annulment, after wat happened to me?

I suppose that the word "ex" in your post is an error? Since you are asking about annulment, I assume that you are still married to this man.



Yes, you can file for annulment based on Article 36 of the Family Code which nullifies marriages on the ground of psychological incapacity. However, you will need a psychiatrist to testify that his violence is a manifestation of a psychological illness which is incurable.



The psychiatrist must also testify that, on account of this psychological illness, your husband is unable to comprehend his obligations as a married man. Under the circumstances, I have no doubt that the psychiatrist will be able to establish this fact without difficulty.



In your annulment case, you can also ask for a Temporary Protection Order (TPO), which can ripen into a Permanent Protection Order (PPO) at the end of the case. TPOs and PPOs are provided for under RA 9262 which protects women and their children against domestic violence. A case for TPO/PPO can be filed separately, or it can be filed as an incident in an annulment or legal separation case.



Either way, it is best for you to take immediate action. From the way I look at it, your husband is a dangerous man, and you should get away from him, not only for your own sake, but also for your children's.



Can i file for protection %26amp; annulment, after wat happened to me?

File an annulment of your marriage by citing that your husband is physically and verbally abusing you. Likewise, prove that he had a previous marriage and cite that there was deception without you knowing it before the marriage was contracted between you.



Can i file for protection %26amp; annulment, after wat happened to me?

The grounds for annulment depend on the laws of your state.



You really have two issues: the abuse/threat of violence, and the legal status of the marriage. I would address the first one, and worry about annulment/divorce after that is dealt with. Find the local resources for domestic abuse and contact them.



Can i file for protection %26amp; annulment, after wat happened to me?

Are you talking about a legal annulment or an annulment by the church? If he閳ユ獨 your EX husband, then you don閳ユ獩 need and can閳ユ獩 get a legal annulment, because you閳ユ獧e already divorced. If he閳ユ獨 not your ex-husband, but your current husband, then nothing you閳ユ獫e stated would be grounds for a legal annulment in any state of the US (assuming you live in the US). Grounds for annulment typically included things such as the marriage not being legal in the first place (ie you married your brother) or one party being forced to marry the other. The fact that he changed after you married him and he閳ユ獨 become abusive is not grounds for annulment. But it is grounds for divorce. File for a restraining order against him.

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