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mike 02-21-2014 10:07 AM

How do the courts look at domestic violence in california civil lawsuits?
 
someone is charged with spousal assault and corporal injury and has a domestic violence restraining order against them and is harassing them about taking all of the appliances in the house they were ordered to move out of. The police declined to arrest the restrained but advised her the court would have to ok her removing appliances. No as been filed. She wants to claim separate property. I have contributed the household, its titled as community property and made the house livable as it was a foreclosure in san Diego. I plan on filing civil action. She has also made death threats and I have witnesses of the abuse.

Libraryanna 02-21-2014 10:07 AM

How do the courts look at domestic violence in california civil lawsuits?
 
For civil purposes, you have to show damages. Unless you are so upset by this that you had to seek medical care, you won't win a suit.

It sounds mostly like you are arguing.

Your post is very poorly worded, so it's unclear what went on. Instead of all third person, try putting some of it into first person.

Who is this person relative to you? Did you both own the house? Are the appliances her property? Or are you talking built ins? Even if she was ordered to move out, she still has property rights - whatever property is there that belonged to her she can get. Whatever property you won together, she has a legal half interest in. If she is the one who was foreclosed on and not a current owner, then do the decent thing and return her personal property.

See if there is a mediation service where you live so you two can sit down and work things out. Try calling 211 from a landline for a referral. You might have to go to a lawyer for help in dividing the property.

Irfan 02-21-2014 10:07 AM

How do the courts look at domestic violence in california civil lawsuits?
 
Even if she was ordered to move out, she still has property rights - whatever property is there that belonged to her she can get separate property.. Whatever its titled as community property she has a legal half. if you need any help then visit the site


http://www.gobksandiego.com/


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