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N Cal Attorney
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A man is being accused of abusing the lady hes been living

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A man is being accused of abusing the lady he's been living with for 15 yrs. I've know this man all of his life and he is a gentle soul. If anything he has taken care of her, since she became a diabetic and became a bit obese. He cooks for her, washes and does things around the hse. This lady's daughters never liked him and has convinced their mother to be on board with them to evict him from the hse. He was confronted by a Marshall to be escorted off the premises without taking the majority of his clothing. The lady hasn't spoken up in his defense which I think is odd. I say this because when I called to speak to this man, who happen not to be home at the time I called I had a long chat with this lady. This was only abt. a month or so ago and she was telling me how he takes such good care of him. I'm afraid that this man is being railroaded because of the 2 daughters and he doesn't deserve this type of treatment. He called me in tears because he was so shocked that the lady would do this to him after he's been so good to her. He says that the lady will do anything her daughter asks her to do. I told him to get legal aid since he cannot afford to pay. He went to Legal Aid and they told him they could not help him because it would be a conflict of interest. I believe it is because the 2 daughters have gone to them already and ergo Legal Aid not taking this man's case. He has to appear in court next week and I'm afraid for him because he has no legal representation. He's like a son to me and I can't afford an Atty. and feel so helpless that I cannot help him. Please advise me so I can tell him what to do. Thank you
I am sorry to hear this.

This happens far too often, see http://mediaradar.org/

He can get a free consultation from some of the attorneys listed by location here.

He can call you as a witness to relate what you just wrote about your conversation with the plaintiff, which would tend to undermine whatever allegations of abuse she signed for the restraining order.

I agree he should get an attorney to represent him in this situation.

Please let me know if you have more questions about this.

I hope this information is helpful.
Customer: replied 3 years ago.

You suggested that I long onto "mediaradar". How will this help me to help this man? He told me that he's going to try to get legal representation to appear with him in court, but truthfully at this point I am feeling very pessimistic for him.


 


I am a sr. citizen and just 5 mos. out of the hospital. I also live in a different State. There is no way that I could possibly go to be a witness.

That web site illustrates that your friend is not the only one to be falsely accused of abuse, I only posted it to illustrate the magnitude of the problem.

Do you know if the plaintiff has an attorney, or did the daughters set this up without one?
Customer: replied 3 years ago.

As I initially stated, I and this man feel that the reason legal aid turned him away and told him they could not represent him because it would be a conflict of interest was because the 2 daughters had already gone to them.

Yes, but just consulting them does not mean they are going to represent them or the mother. The consultation itself is enough to disqualify Legal Ad from representing him even if Legal Aid declined to represent the daughters or their mother.

If the plaintiff does not have a lawyer, she will probably not know to object if your friend tries to offer an affidavit from you. Such an affidavit would be hearsay, but it will be admitted into evidence in there is no objection. If you cannot make it to the trial, offering to sign an affidavit about the plaintiff's admissions that the defendant is not abusing her would be better than nothing.

There is really not much I can do from here other than to urge your friend to contact a local attorney who can appear with him at the trial.
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