Legal Question in Civil Litigation in California

Victims of Harassment by Abusive Husband
We have been friends with our neighbors for 5+ yrs. During which the husband physically & verbally abused his wife. She & her daughter would run to our home for protection.
Last month she filed a restraining order & for divorce. We support her decisions and provide family support since her family is deceased and she has no one else to turn to. We have gone to court with her, but only to become victims of her husband's abuse, manipulation & intimidation. He falsely reported my husband as a child pedofile. He has the neighbor across the street watching us & reporting everything we do back to him, & he has also made direct verbal threats. We filed a restraining order, but the court only scheduled a hearing date because my husband didn't note any proof. His actions against her effects us. It has affected my job (late/sick days). I'm currently on leave for physical/mental symptoms (trembling, anxiety, etc). He's asked the court for us to pay his attorney fees $750+. We have documentation & timeline details. Can we add her incidents of harasment to prove our case if we were involved or it affected us? We can't afford to lose & pay the $750+. Should we consider negotiating with his attorney & perhaps dropping the case against him?

Asked on 8/12/06, 1:55 am

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

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Re: Victims of Harassment by Abusive Husband

Toughen up, stand up for yourself, and do your court paperwork correctly. If you foolishly don't pursue the restraining order, you will simply embolden him for further harassment. Saving money now by not hiring an attorney is going to be very costly later. Feel free to contact me if this is in SoCal.

Answered on 8/17/06, 1:32 pm

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Robert F. Cohen Law Office of Robert F. Cohen

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Re: Victims of Harassment by Abusive Husband

Why not enter into a written stipulation that you'll leave each other alone, and therefore there won't be a judgment against him or you? Each party would bear his/her attorney's fees. Put a provision in there that the party who breaches would be liable for fees, costs, and emotional distress. If he breaches the agreement, then you can sue for breach of agreement.

Answered on 8/15/06, 7:56 pm

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