Antelope, CA asked in Domestic Violence, Elder Law and Family Law for California

Q: My 65 year old retired mother is being physically, mentally and financially abused by her 49 year old husband.

She is on a fixed income and recently refinanced the home because he demanded she pay him back for the down payment which was over 20 yrs ago. She has been the only one paying mortage, utilities. Hes been there freeloading. Now hes demanding she leave, its his house. Shes not allowed to eat his food. He destroys everything, he alienates her from family.

2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Domestic Violence Lawyer
  • Sacramento, CA
  • Licensed in California

A: It surely seems like a very toxic relationship. I recommend that she get away from him as soon as possible. The longer they remain married, the more money she may owe him in spousal support (aka alimony), since she is financially supporting him during the marriage.

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney
  • Elder Law Lawyer
  • Carlsbad, CA
  • Licensed in California

A: It is past time to go to the court and ask for a restraining order. Your local courthouse will have a free clinic that can advise mom on how to do it, they will prepare the papers and point he in the right direction. Financial abuse, violence or the threat of violence and isolating from family are all good reasons for a restraining order.

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