Legal Aid helps abused japanese immigrant file for divorce and child custody

How do you end a confusing relationship, when your husband calls you “awful” and “abusive” while professing love with flowers and expensive gifts?

*Yoshi experienced this during her marriage. The conflicting nature of the relationship made her anxious and insecure, taking a toll on her emotional and mental health. Good thing she reached out to Legal Aid - we took care of her legal battles so she can take care of herself and her children.

“I suffered as a part of my husband’s abuses,” said Yoshi. “I did not have a house, a job, and a car when we got separated and divorced. Since I am from Japan, I did not understand the legal system and rights in Hawaii. I was really in trouble.”

With a 4-year-old child in tow, Yoshi arrived in Hawaii in 2018 to marry her fiancé. She quickly got pregnant and gave birth to their child in June 2019. In 2020, she gave birth to their second child.

The first case we helped Yoshi with in 2019 was for a Temporary Restraining Order (TRO), which the husband filed against her.

“He knew the justice system really well and he used it to make her vulnerable,” said Makoto Messersmith, Staff Attorney, Hawai‘i Immigrant Justice Center (HIJC) at Legal Aid.

During their separation, Yoshi’s husband wooed her back with presents and promises of love. He sent several messages and a video to show how sad he was without her.  

Yoshi returned, but her husband reverted to his verbally and emotionally abusive behavior. (He never hit Yoshi; he knew that he would be arrested if he did.)

That same year, Yoshi had the strength to start the divorce process. HIJC and our Family Law Unit combined forces to win her case.

“Throughout the divorce proceeding, her husband kept arguing that she was a child abuser, but the court found no evidence for that,” said Makoto.

In addition, Yoshi’s husband withdrew her immigration petition saying she committed marriage fraud – wanting to get married just to get a green card. He also had her arrested for an “abuse” she committed against him.

“That time was very difficult for her,” Makoto recalled. “Yoshi was going through a lot of stress and was devastated. She had no idea what was going on, she also recently gave birth to her third child. She was dealing with so many issues. She had expected her husband to be supportive but he became abusive to her instead and she was confused.”

In 2022, the battle for Yoshi’s safety and peace of mind was won. She was granted the divorce and full custody of her children. She also received her green card, applying as a self-petitioner under the federal Violence Against Women Act (VAWA).

Other legal issues we helped her with included applications for public benefits such as SNAP and Medicaid.

“Makoto Messersmith-san interpreted and explained properly and gave me many information,” said Yoshi. “She gave me legal advice for everything that I did not know such as SNAP, WIC, DMV, VAWA… I could not do the procedures by myself, but Legal Aid supported me. Moreover, since someone helped me, I also received emotional support and I could have my peace of mind.”

Yoshi is currently staying at a DV shelter with her children. Though temporary, she is now stable and has a place to live as she looks for a job.

“She’s aiming to work in the tourism industry, either at the airport or in a hotel,” said Makoto.