Legal Question in Civil Litigation in California
Do I have a case against my parents, or do they have one against me?
I have the most complicated matter, but here it is in the most simple terms:
I'm 19, I plan on moving in with my fianc�e as soon as possible. Legally, this all seems right, I'm old enough to leave and everything but my parents violently oppose it, my father has threatened to sue my fiance�'s family (who we would temporarily be living with) and in addition has threatened to take some sort of legal action against my fiance� himself.
First of all, is this even possible?
Is there any sort of legal repercussion that I would have to be worried about as far as this goes?
Also, to make everything much more complicated my fiance� was recently involved in a car accident where he is being charged for involuntary manslaughter and has a civil lawsuit issue on the side of some people (not of the family of the deceased) who were also involved in the accident (the passenger of his car). Is there anyway an outside party with a good deal of determination could affect these other court issues?
On top of all this there have been numerous death threats that my fiance� has suffered on account of my father.
would I have a case where I would have to take action against him, or just defend myself?
2 Answers from Attorneys
Re: Do I have a case against my parents, or do they have one against me?
That *does* sound complicated. I have limited space, but here goes:
Your parents have no right to control where you live once you are an adult. Your fianc� and his family would not give your father any valid cause of action by letting you live with them. This won't stop your father from filing, but it will ensure that he'll lose. Unless he already has some other basis for a lawsuit which he has not filed, I don't see how he could possibly win the case he has threatened to bring.
You cannot affect either the criminal or civil actions against your fianc�, at least not through the courts. I suppose you could try talking to the plaintiffs but that could hurt your fianc�'s case instead of helping it.
You weren't very clear about where the death threats are coming from. If your father is the source of the threats and if your fianc� has good reason to take the threats seriously, then he gan get a restraining order which requires your father to stay away from him and, perhaps, restrict his actions in other ways.
You asked if *you* would have a case against your father based upon his threats against your fianc�, and the answer is no.
As for your last question, the law only recognizes self-defense against *imminent* harm. Your father isn't threatening to harm the fiance now, but only in the future and even then only if certain other events occur. Acting out against him now would not be self defense, based upon the facts you have given.
Finally, I urge you to think very carefully about marrying a man who may go to prison and/or have to pay a hefty judgment. If nothing else, you need financial advice *before* you get married on how to protect your future earnings so the plaintiffs can't take them.
Re: Do I have a case against my parents, or do they have one against me?
Attorney Hoffman is right, and here's a practical tip: Get married -before- you move in with him. Get independent legal advice first with regard to your possible liability for his car accident.
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