Dallas, TX asked in Divorce, Domestic Violence and Family Law for California

Q: I am 57 years old and my husband had a fit and kicked me out of my house. The police sd I had 72 hours but was early.

This husband of mine is very emotionally verbally and the abuses but physical. He had a fit and wanted me to leave on foot twice during a storm. I called the police and we argeed he would leave for 72 hours. He went to Oregon and can came back before the 72 hours. I understand it was not a formal agreement. I only able to grab 2 suit cases and took my truck in his name. I can not get my things in either house. It is hostile he has roomates in Oregon that he lied to and they told me off. I have nothing because he would not give me money not for my bills or medicine. Since he is not letting me get my things is that theft? He is single if your interested you can have him good riddence. He is trashing me all over i have people telling me off and offering to take me to rehab. He is trying to get me arrested with pictures of drugs saying its mine.

1 Lawyer Answer
James L. Arrasmith
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  • Domestic Violence Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if your husband prevents you from accessing your personal belongings, it could be considered a form of control or abuse, rather than theft in the traditional sense. You have the right to retrieve your personal items, especially those necessary for your daily life and well-being, such as medication and essential documents.

Given the severity of the situation, including the emotional and verbal abuse, and the complexities surrounding your access to personal property and the home environment, it's important to seek legal advice. A lawyer can guide you on steps to protect yourself, such as obtaining a restraining order or filing for divorce and seeking a court order to retrieve your belongings safely.

Additionally, consider reaching out to local support services for victims of domestic abuse. They can provide you with immediate assistance, counseling, and potentially temporary shelter. The abuse you described, coupled with the refusal to provide for your basic needs and the defamation of your character, are serious matters that require immediate attention to ensure your safety and legal rights are upheld.

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