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VERY IMPORTANT MATTER HERE! WHAT LEGAL RIGHTS SHOULD WE HAVE? PLEASE HELP!!

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diixkxoii12


Arresto Menor
We are almost 2 yrs of my gf now. she's 18 and im 21. on the past months of being together, her mother and kuya is so much against with our relationship. to tell you honestly, we are a gay couple and for me, my friends and my family, there's nothing wrong with that and i'm proud to say that we're in-love with each other, they're also supporting us and proud of us. they dont even say a thing that would discriminate or hurt our feelings.

hm. now, MY CONCERNED IS ..

FIRST; her mother and kuya is beating her up. obviously, she's being physically abused. If the harassment from the mother and kuya continues, what should we do? There is no reason to show respect to a person who has not earned it.

SECOND; those 2, always telling bad things about me, how they discriminate me as a human being, how they treated me a pig literally and im so pissed off! but even though i feel that way, i want this things be in legal. i dont want arguements etc. in a wrong way. what legal actions should be done?

THIRD; the mother of my gf once called up and giving threats also the brother messaged me and my gf that he will kill us etc.

FOURTH; is there a legal rights that we couples have?

we just want to live a happy life. being partners for life with no threats and etc. grow old together and have a family like hetero's. me and my family wants peace but those 2 dont give a damn. until now, they're disturbing us. they dont want to stop. i didnt dream to have a life like that, PLEASE HELP US.

we're in legal age as far as i know. the mother and kuya really has no right to be invasive w/ her life at this point. The disrespect is on the mother and kuya’s end. Mad

i think they dont want to stop because we're not doing anything. what cases we can file for them? THANKS.

hoping for a humbly response.

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attyLLL


moderator
from a practical point of view, i can't imagine either of you initiating any legal action and she will still live at her house. Can your partner take the step of leaving her house?

you have rights as individuals, but nothing added (or lost) as a gay couple.

the next time she suffers physical injuries, go to a government hospital and have the injuries documented in a medico-legal report. then file a complaint at the police.

for a complaint of slander to prosper, you have to present the persons who heard them say the defamatory things about you. if it was just to you directly, that is unjust vexation.

how long was this supposed threat and text message? can you prove that the message came from the brother? will the sister testify against his brother?

she's 18, she can leave the house.


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diixkxoii12


Arresto Menor
hmm .. let me share this one .. i hope you'll read it til end. I'm sorry its kinda long but I've summarized it already. Neutral

actually last year, her mother forced her to leave the house and that time, she's with her cousin. the main reason why? is because, we helped her about the school's financial problem of her youngest brother and supposed to be it's her mothers responsibility right? the mother has 30k debt at the school so, we have decided to help her. my gf's intention was to help and that's it.

earlier on that story happened ..

her mother called at the house to borrow a money and ofcourse, we're really shocked to hear that. as far as i know she didnt even like me. so we have decided not to lend any money to her and we know that person is known as "palautang" anywhere and she always runs for those lending corps. that haunts her. she's always playing binggo at the malls. she's a irresponsible mother to tell you honestly.

so, to continue the story .. my gf decided to leave their house ofcourse with my help, she stayed for 3 months at my crib with my family. her mother didn't stop calling at the house and we're really pissed off! so i talked to her and i told her that i dont know where her daughter is. (i did it for a good reason) my gf doesn't want any connection with them. (kuya and the mother) but the mother told me that, if i didn't bring her daughter back she will file a case of "KIDNAPPING" and that's obviously not true. she's accusing me for kidnapping and will bring police at our house. actually, she gone wild once but we did'nt mind it, again, we talked to her nicely and calm.

her mother make a story about my gf's reason for leaving their house. she told her son (kuya) that the reason why is to go with me. (and that is so childish reason mygoodness!) so the kuya get mad at us. very angry and that's the reason why he messaged us at facebook. (last june 2010) he used foul words, mentioning that he will kill us and etc.

because of that, i have decided to look for a better place where she can transfer. for a better reason that would benefit both of us. (my family and her). i told her to open a bank account and tell her father what happened and thank God, her father understood the situation and support her financially. so, they have decided that my gf will go back if he arrived. her father is seaman same as me.

*even we have that such situation, it did'nt became a barrier for our study instead, we're really trying our best most especially me as a graduating college student. "

Peaceful months had passed ..

my mom called and she's telling me that my gf's mother is at our house, so i did go home immidiately. i asked her frankly with respect if what she doing here and told me that she really needs her daughter's no. but i did'nt gave it at first, but she'll not go home. so, a few minutes of thinking .. i have decided to gave my gf's no. and told her that she'll not make any trouble.

after that day ..

my gf txted me and telling me that her mother is waiting at the lobby and wants to talk to her so i replied, go and talk to her you're at the school anyway. later on, her mother cried and telling her that she have changed, realized something bla bla bla .. so, i told my gf why dont you give her a chance? she did it long time ago but nothing's changed according to her. BUT! after that "drama thing" her mom opened a topic about her godchild that is going to abroad etc. and asking for a money and be paid nextweek. yea yea yea .. we really dont know what to do with them.

father arrived ..

my gf's father talked to them (family) that they will not cause any trouble with us. (my gf, me, my family). that, they will leave us alone. so that's the reason why my gf go back to their house. the father also wants peace and respect his daughter's decision, he just wanted her daughter's happiness or any of his children.

AND NOW ..

we thought that they will not make any trouble against us now, but after a month, her mother and brother keeps on mentioning about us, damn. we're very tired of them. they're just keep on repeating it. when my gf will not provide money from them, that's the time they keep on repeating about us. its like, that's their way "pang laban" for her.


what's the best way to do? please. we really need help. my gf once said to his kuya about an action that she will do if he does make trouble but the kuya is'nt afraid. he said, "ipapakulong mo ako? sige! kala mo takot ako? inuutusan ka lang nung syota mong tibo tska nung mama niya. makita lng kita pati kaluluwa mo wla eh! papataying tlga kita! ako mismo papatay sayo" and that's the reason why i am asking for a legal actions that may help for them to stop.

another question, if my gf will leave again, if they will file a case against me, what would it be? what I've done wrong? we just wanted to be happy. I'm really from a nice family and a good reputation. they raised me well and with respect. that's why I'm protecting my family. Crying or Very sad

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attyLLL


moderator
one option you have is for her to just leave. if she goes with you, that is not a crime, but don't deny if she is with you. if she were a minor, the case would either be kidnapping or inducing a minor to abandon her home.

in my law practice, what we've done before for spouses who are leaving to escape abuse, is to talk to the other spouse, explain why and threaten litigation if they pursue the spouse.


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diixkxoii12


Arresto Menor
ok atty. i'll take your advice. thanks po, pero pano po kung sumugod sila sa house nmin and mag dala po sila ng police? gumawa po sila ng story then ipahuli po ako? or gumawa po sila ng eksena? ung mag skandalo po?

if that happened, what should i do? can i file a case for that?

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attyLLL


moderator
when our client leaves the household, we make it difficult for the other spouse to find them at least for the first weeks, but they can communicate freely to assure that they are in good physical condition.


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[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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diixkxoii12


Arresto Menor
i see. hm. thank you so much atty. Godbless! Smile

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