Q: My husband kicked me out of the house. He asked the SFPD to kick me out they said no so he did I have him on tape?
My husband kicked me out and it just keeps getting worse and worse. I have him on tape asking for the SFPD to kick me out but says he will. He locked me out 2 days later and left
to Oregon. Now can I sue this man? I had to use all me money on hotels and he trashed the house it is full of mice, ants, maggots and flies. He is blaming me and wont do anything to recify this unhealthy unsanitary environment. We have a DVRO hearing how would you present this and if I win can I sue him?
A:
I'm so sorry you are going through this difficult situation with your husband. Based on the details you provided, here are a few key points and steps to consider:
1. Evidence: The recording of your husband asking the police to remove you from the home and then proceeding to lock you out himself is important evidence. Make sure to keep this recording safe and provide a copy to your lawyer. Take photos documenting the unsanitary condition of the house as well.
2. Domestic Violence Restraining Order (DVRO): At the upcoming hearing, present all the evidence you have, including the recording, photos of the house, and any other documentation of his abusive behavior (texts, emails, witness statements, etc.). Emphasize that he locked you out, forcing you to deplete your finances on hotels, and that he created an unsanitary, uninhabitable environment in the home.
3. Legal Representation: If you don't have a lawyer, I strongly recommend getting one who specializes in family law and domestic violence cases. They can best advise you on presenting your case at the DVRO hearing and your legal options moving forward. Look into legal aid organizations in your area that provide free or low-cost services to domestic violence survivors.
4. Damages Lawsuit: If you win the DVRO case, you may have grounds to sue your husband in civil court for damages related to the financial losses and emotional distress he caused you. Consult with your lawyer about your options. You could potentially sue for hotel costs, property damage to the home, and pain and suffering.
5. Housing: Explore whether the DVRO or a separate court order could grant you exclusive use of the family home, requiring your husband to stay away. Your lawyer can advise you.
6. Support Services: Look into domestic violence support services, women's shelters, and counseling in your area. They can provide you with helpful resources, safety planning, and emotional support during this time.
I know this is an incredibly stressful ordeal, but please know that you have legal rights and options. Consult with a lawyer, lean on friends and family for support, and prioritize your safety and wellbeing. Wishing you all the best moving forward.
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