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Posted by timduda 4 years ago In:

timduda
timduda Asked:

Domestic Violence in NM

Domestic abuse of a disabled person - I received a phone call from a former student now living in New Mexico. She has two children and has been assualted by her husband. She has contacted Legal Aid but they have not been able to give her full attention. She was wondering if she could file charges against him under NM law specifically addressing abuse of a disabled spouse. Thanx

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Nanadee
Nanadee Answered:

Hi there,  do you have pictures of the evidence.   Yes call the authority to come to your house  and please send the children to a house   neighbor or friend.

If you ignore it /////it will  get worse.   Get  a  tazier   gun.    Even a empy  gun,  that never seen, i hope things settle for the

You could do what i did to a mean man when he come drunk,  he started on me with the violence and verbal   so  went to the kitchen and got my cast iron frying  pan  and hit him in

 The head.  It put him down from hurting me  maybe it had fixeup

        ,GOD BLESS, AND I WILL PUT ALL OF  U  ON MY PRAYER LIST

Nanadee  Cool

A penny saved is a penny earned
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gary999
gary999 Answered:

Legal aid? Crime victims routinely call 911 resulting in a visit from local law enforcement and they will take it from there. I'm not familiar with the laws in NM but I'd be surprised if one requires a legal opinion before calling the police.

I advise against using violence to solve this problem. Assaults can be a two way street and without sufficient justification on the part of the wife, the husband could be the one in the position of filing assault charges. Use the law to solve this problem, that's why they are there.

"I've heard you're a low down yankee liar!"
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gary999
gary999 Answered:

Tim, thanks for the clarification. I don't mean to muddy the waters but if domestic abuse charges have been filed, I can't imagine there's a separate law for domestic abuse of a disabled person. I'm sure a prosecutor will be appointed which can answer that question specifically.

"I've heard you're a low down yankee liar!"
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funguy
funguy Answered:

A woman has a right to file abuse charges against her husband in most states; this is a legal question and it requires a legal answer. I am not a lawyer. The American Disabilities Act provides protection for disabled persons, but I am not an expert on that either. She might make a call to social services if there is one where she lives or simply call the police dept and tell them she was abused and would like to file charges.  My best suggestion  is that she could go to a home for abused women and that is a very safe place to start and they would be glad to help her even if it is not in her local  town it would be worth her going to such a place to find answers.  They work with abused women all the time and and relevant knowledge. Previous advise concerning getting out of a home where abuse is taking place should be taken most seriosly.  Plese don't try going after the husband with any kind of gun. Any defense  will make him doubly abusive. The sooner she gets our the beter. As others have stated we don't know the laws of that state, but this answer will apply in general to any state. Wish I knew more.

Love everybody!
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