Q: Desperately needing help to contest an erroneous divorce judgment & pursue a domestic abuse case.
1) My wife was physically & emotionally abusive with me for several years—especially from Spring ‘20 until she walked out in Nov. ‘22. Her abuse caused damage to a hip I had replaced in ‘19 & has left me dealing with the joys of complex PTSD. I was a scared, emotional wreck & had trouble with basic functioning until the last couple mouths. I have lots of her abuse of me & our pets recorded on my phone.
It took time for me to do, but I filed an OFP against her a few months ago. A continued evidentiary hearing was July 24 in St. Paul. Unfortunately, my car broke down en route & I wasn’t able to get there quickly. Though they were aware, the judge dismissed the case.
2) I’ve been dealing with a very difficult divorce on top of it. Due to a nervous breakdown, I was hospitalized during the last trial that was scheduled. The court was aware of this before the trial & had documentation from the hospital. Despite all this, the judge (same judge) said I defaulted & awarded my wife everything.
A: Unfortunately, it seems you are in a very difficult position. I apologize, but I am not sure what guidance can be given on a free online Q and A. Trying to set aside the default judgment may be an option if it wasn’t that long ago. If she left you in '22, an OFP seems untimely, unless the are children involved.
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