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In an Unlawful Detainer, do I need to prove my husband assaulted me, when claiming the UD is retaliation for calling cops?

Santa Barbara, CA |

My husband was sexaully assaulting me. I went to police, he left the state, but has title of record on our home. I wasn't put on title. He immediately filed for eviction after learning I filed sexual assault charges. I claim affirmative defense that this is retaliation, the Unlawful Detainer action against me, for calling the police. I asked the judge to postpone this trial until after a hearing on the prenup is determined (because for many reasons the pre nup is invalid). The judge would not continue the trial at all and trial is in a few days. I have a letter on letterhead from the Sheriff's dept that it's an active case. What do I need to do to make a good case that this is retaliation and they should stop the UD until after the pre nup is decided or until the divorce complete?

Attorney Answers 1

Posted

Yes. Because an unlawful detainer is a summary proceeding (expedited), there is usually no basis to continue (postpone) the unlawful detainer trial. Therefore, you should be prepared to defend the unlawful detainer at the trial. You will need to present evidence of retaliation. You will likely need an attorney to defend you in the unlawful detainer trial. The judge will not "stop" the UD case until after the family law issues are resolved.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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Asker

Posted

I have a declaration from a counselor that I was very abused. Is a declaration OK? I have a medical record from my doctor that has 3 physical injuries caused by the abuse. I have a letter on sheriff's letterhead stating there is a very active investigation going on. Is this evidence? The retaliation is that he noticed an eviction right after the case was filed and served me papers for eviction.

Asker

Posted

By the way the doctor says that I could not have done this damage to myself, and I reported to him the rapes.

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