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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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California - Domestic violence - husband removed from home ...

Customer Question

California - Domestic violence - husband removed from home - injury to wife marital problems - husband needs spouse to vouch for him - spouse bailed him out of jail - what is her position - does she have to leve the matrimonial home because of this - she has psych. problems and this situation is being blamed on her - what is her position if she goes to court and supports him. Spouse has made it seem through paperwork that she is not a full time resident
Submitted: 6 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 6 years ago.
If she is currently living on the property (has her belongings there and sleeps there), then she has the right to remain on the property. Even if he is claiming that she only lives there part-time is irrelevant because if she is currently in possession of the property, she has the right to remain on the property. In addition, she can present witnesses to confirm that she has been living on that property full-time and that her spouse is misrepresenting the facts. The fact that she has mental-health issues, will be noted by the judge and prosecution. They will review the evidence presented to see whether there is evidence of domestic violence in the household. The prosecution or the judge will not just take the husband's word of mouth that the wife is to blamed. In fact any testimony that the wife may give can be objected to if the wife's mental health issues questions her ability to provide competent testimony and the conviction will be based on evidence presented and collected by the prosecution.



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Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Customer: replied 6 years ago.
Reply toCustomers Post: Wife has noone that would vouch for her. Husband is sole bread winner - control of banking - can cancel at any time. Neighbors accept him as household owner - wife came here 18 years ago from Canada, is a US citizen. Even computer is coming from his address because he set it up that way. His children are aware of the situation - can they charge wife with abuse. Husband is older than spouse and retired.
Expert:  Attorney & Mediator replied 6 years ago.
Can they charge wife? That would depend on the evidence presented, not just by the words of the husband. If the wife sustained injury at the hands of the husband, I know the husband can be charged. If there is no evidence to conclude the wife abused the husband, then there is no way she can be charged. Again this depends on reviewing the evidence at hand; the medical reports (if any), the police reports, etc....It would be hard for me to predict what can happen to the wife without reviewing the evidence.


Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Customer: replied 6 years ago.
Reply toCustomers Post: Wife is not a spotless housecleaner but not so bad that it would be abuse. Does not cook much because of critisiscm Occasions of pushing and shoving by both parties. Suspect that one of his family member was here in the summer while husband and spouse were away for a month. Husband talked spouse into going. Wife co-dependent. Children do not like step-spouse...one lives in California..Wife suspects nanny cam placed in house at some point either in Washington or California also medical device...All suspicions..Can children sue spouse to be removed from property. Can spouse stick matrimonial home, debt and general debt to other spouse in legal separation.
Expert:  Attorney & Mediator replied 6 years ago.
1) Not being a good housecleaner is definitely no grounds for abuse. Abuse is manifested by emotional or physical abuse at the hands of one spouse. Not cooking or cleaning does not amount to abuse.

2) If the children have been living at the family home, no one can remove them if the parent has allowed them to remain on the property. Only with a court order showing the need to have them leave would they have to be removed.

3) Unfortunately suspicions of nanny cam are not actionable. If she confirms there is infact cameras placed on the property, spouse can be liable for criminal offenses or civil offenses involving rights of privacy.

4) In a legal separation all marital property and debts that were acquired during the marriage will be split betweent the both of them. The judge will decide who gets what, so no the spouse cannot just "stick" these assets or debt to only the other spouse as this distribution can be objected to and the judge can then make the decision.



Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Expert:  Attorney & Mediator replied 6 years ago.
Let me know if you need further help here, thanks.

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