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lawjeff
lawjeff, Lawyer
Category: Family Law
Satisfied Customers: 10
Experience:  California Lawyer with 20 Years Family Law Experience
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I was assaulted and also fell and injured myself during my

Customer Question

I was assaulted and also fell and injured myself during my 51/50 interrment in the psych facility at NMCSD-NAVAL MEDICAL center San Diego. My emotionally abusive husband had me commited to keep me from leaving him. Where do I stand legally? Who can help me best? I'm divorcing the Navy Captain (captain of a ship also) who is my husband, but am in no big hurry. If I ruin his carreer now, I stand to loose in the settlement. HELP!
Submitted: 2 years ago.
Category: Family Law
Expert:  Samuel II replied 2 years ago.

Samuel-II :

Hi

Samuel-II :

You want a divorce and he is not agreeable to it?

Customer:

yes, and there's domestic violence in our hx, not documented cuz he's in the Navy. CO of a ship, when I told him I wanted a divorce he had me held on a 51/50 hold at the Naval Hosp San Diego with the help of friend who's a Reg. nurse (I am too). The magic words-she's a danger to herself/or others was all it took. I need assistance!

Customer:

I am now in a hurry, he has tried to cut off access to all our $$ and since it's the weekend, I'm screwed

Customer:

He also broke into the house when I accidentally left a door open and stole some things from me!

Customer:

I am no longer concerned with his career, just his safety and mine. Since I was just hospitalized I have been treated terribly. He stole narcotics, enough to kill a horse from the house! I don't know where he is and 911 sent the cops to me and they told me I was about to be re-commited because I am concerned for his welfare...he won't live to see Monday a.m.

Samuel-II :

I see.

Samuel-II :

I am sorry to hear of this situation. So what information can I provide for you?

Customer:

I was held on a 51/50 hold for only about 30 hours with no meds and no treatment. I did not know what my legal rights were, and I am interested in a civil suit against my soon to be ex husband, the 'friend' who was involved in my involuntary commitment, as well as the Naval Medical Center San Diego, since they did not assess me properly after speaking with the other parties involved. I had situational depression issues due to life stress in the remote past, and due to chronic pain which I've had now for almost 4 years. I took myself off the narcotics and the anti-depressants a long time ago, and feel so much better without them. Do you think I have a case?

Expert:  lawjeff replied 2 years ago.
I'm so sorry to hear what happened to you.

You are in the process of divorcing, so the Family Court can take into account emotional needs and conditions in setting the amount of spousal support you can receive. In other words, you can receive some compensation from your estranged husband in Family Division.

If you can find an attorney who is willing to take a civil suit on a contingency basis, you have little to lose by pursuing the complaint. The willingness of counsel to work on this type of lawsuit on a percentage basis is often a good indication of the merits of the lawsuit.

Your family law attorney should also be consulted before you retain counsel on the civil case. On the one hand, a lawsuit can legally be filed against your estranged husband while the divorce is in process. On the other hand, the timing of such legal action might be strategically important if it seems likely your divorce will settle quickly and amicably. You would not want to jeopardize quick and favorable settlement of your divorce by the inflammatory effects of a civil action.

You should also know that many tort cases have relatively short legal deadlines (i.e., statutes of limitations) to take action. Limitations can be as short as six months for actions against government entities. You can 'lose your rights by sleeping on them' in a situation like this. So you are well advised to get local legal assistance quickly.

Lastly, I hope that you keep in mind that divorce can be stressful for all of us. I am glad I sought the assistance of a psychologist while going through my divorce a few years ago.
lawjeff, Lawyer
Category: Family Law
Satisfied Customers: 10
Experience: California Lawyer with 20 Years Family Law Experience
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