restraining order defense

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videoman40

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I have to defend myself against a restraining order January 9th, what exactly is a legal defense against such an allegation? I prepared a letter for the judge, does this suffice? I am enclosing it below. What are your thoughts?
216.45.203.47
1. As I am sure you are aware, nearly half of all restraining orders are false allegations, this is one of those times your honor. This is a case where the "victim" wants to punish me for things having nothing whatsoever to do with domestic violence.


Your Honor, when our relationship ended, I was okay with the fact that J was financially ahead of the game. That she was going to keep a lot of my personal property because of our break up. I figured, let sleeping dogs lie, and just move on with life.

But this recent attempt by J is nothing more than her refusal to let go. She has stated that she needs a restraining order from me, but in the two months that have passed between my leaving her, and being served with the TRO, she has lied to both the police and to me. You see, she knew for pretty much the whole time where I was, she even visited me on occassion, we spoke on the phone every single day, and she emailed or IM'd me every single day. She was telling the police she didn't know where I was, while she was actually trying to form reconciliation with me. At the same time she was telling me that the TRO was dropped and not to worry about it. she wanted me to get an apt in New York state, and she would stay the weekends with me.

I was determined not to get involved with her again, because of my past experience with her many acts of violence. When J realized that, she used the legal system as a way to get back at me. She filed false theft by deception charges, and followed through on the TRO….all of a sudden. And all at the exact same time too.

Our relationship although I must admit was quite serious, had a lot of problems. Mostly they were related to her violent temper. In the beginning I experienced two separate violent acts of J hitting me, so after the 2nd time, I left her. She then contacted me and promised me, if I came home, she would get professional help, so I did come home. Than she tried to expose me to violence in the bedroom, which I immediately put a halt to. I also sat her down, and suggested we do what she promised…..get professional help.
She flatly refused me. I sat at the dining room table with her, totally dumbfounded. Her daughter came out of her room with a women's magazine and tossed it on the table, the main headline was "are you in an abusive relationship" take our simple test and find out now.

So I took the test first, than J took it, and she was almost off the scale for being an abuser, so she agreed to go with me to get help.

We met with her Dr where J made mention of possibly being bi-polar and also having severe PMS or I think its called PMDD, we also told him of her severe mood swings, and her having blackouts afterwards, the Dr did prescribed medication for it.

The medicine helped a lot. When she took the medicine, she was able to behave appropriately. Violence was not an issue any longer. We had fun together. We made progress. I was in love with this person.

After we started to make progress, J could not be trusted to take her medication as needed. She felt she had it under control. The Sunday prior to my leaving, I noticed her attitude slipping, so I asked her if she had been taking her medicine, and she became very agitated, and yelled at me, saying that I just wanted to keep her drugged up all the time. I asked again, on Tuesday and got the same response again.

By the time Friday came, she was all over the place emotionally speaking. We were suppose to leave immediately upon her returning home, however she called and told me she wanted me to cook her a dinner, so I did that. Than she started verbally insulting me, while throwing glasses at the wall and smashing them. We started to argue, and I told her that I had no interest in going away for the weekend with her, that it was ruined. She got very angry with me and insisted we leave right now. Which we did do, upon starting out on this trip she started to tell me how she thought I was having intimate relations with both of her children, she has both, a young boy and a young girl. I told her this was ridiculous, than she told me how she thought I was getting back together with my x wife, and x wife that I left ten years ago! The insults got worse and worse, to the point where I was fearful for my life and for hers too, she was throwing herself against the windshield, when I stopped her from doing that she proceeded to kick at the windshield until she completely broke it. As we neared the Bridge, she literally jumped out if her seat and reached across me and tried to grab the wheel to steer us off the highway at a high rate of speed.

I was very fearful at this point and grabbed the wheel with both hands tightly wrapped around it. She continued to try to steer up across traffic and off the highway, and out of instinct, I did bite her, but only in a defensive manner to safe us both from her actions.

Your Honor, I do not enjoy making my private life public, but in this case it is necessary. I have never struck J and I fear for my life. She has threatened to kill my children and myself. Two nights after I was served with the TRO she called my house 6 times, insisting I allow her to come up and spend the night with me. When I refused she made threats against my children's life, and mine too.

As far as the armoire is concerned it was a gift to me. If she wants to itemize what is owed to each other, I have a list ready. Besides my tooth, she has over $1800.00 worth of my belongings that she refuses to return to me.

Not to forget, I painted her fathers apartment, I painted her house, I power washed the outside, I remodeled the interior, taking down walls and doing electrical work. I built her a new deck, I stained the deck, I built her a new stair case leading from the street to her deck, I completely re-landscaped her yard. I rid of side yard of poison ivy. I installed a new pool for her. This is just a partial list of the things I have done for her this last summer.
 
additionally...

I'd like to add, I have many, many emails that I printed that show she has contacted me every day, all showing no fear on her part what so ever. I would love to hear a professional take on all this.

Thanks in advance!
 
a reply is needed QUICK

Hello,

Is there any chance of getting advice prior to January 9th? I am desperate.
Thank you in advance,
videoman40
 
Were you charged by the police or was any kind of charge made against you by the police?
If no such charge was made, you just tell the judge you were never violent with her and the allegations are false. The judge may or may not read your letter. It is very long and usually they wont spend a lot of time doing that. A judge wants facts and if there are no formal charges against you and/or no witnesses to you abusing her then she really has no case. (I'm sorry if I missed something in your letter) All you can really do is deny the charges against you.
I have a restraining order against my ex for abuse but he had to agree to it in court to make it stick as I did not call the police because I was afraid. So there was never a formal police report made. If my ex had not agreed to it the judge would not have granted it. My ex was still granted visitation with the children, we just have to meet at a safe place to exchange the children and he is not allowed to come near the car.
I would definately tell the judge that she contacted you and what she said she would do if you didn't let her over. She is not suppose to contact you like that if there is a restraining order. Contact is usually strictly for discussing the children.
 
Also wife beaters are notorious for manipulating the situation. i.e. like writing a letter to the judge. How did you keep your wife telling the judge that you grow marijuana and a marijuana growers forum?
 
1. As I am sure you are aware, nearly half of all restraining orders are false allegations
THIS statement will likely render the rest of your argument moot unless you can support this with SOME kind of verification.

Second, I doubt the judge is going to read your letter ... though, he might. You don't generally get an opportunity to make a statement unless it's at sentencing. You might be allowed to make your case on the stand as part of testimony, but an 'ex parte' communication (a letter to the judge) will not likely be considered or even read.

If you have a defense against the allegation then you should bring it up in court.

- Carl
 
My ex-spouse was arrested in Jan 10 on a felony charge. At that point I filed a modification of the divorse decree pursuing custody of my children.

Today (2-23-10) I was served with a protective order alleging that I am abusive towards my ex and my children

Upon reading the protective order several questions come to mind, (apart from WTF??)...

First and foremost is that no specific incident is quoted. It is all addressed in a general "template" language.

Second, we have been divorced for over a year and she (my ex) is alleging family violence? I understand that my children are still covered under that Family code but is she still recognized as my family???

Third, the supporting affidavit (Exhibit B) is just my ex stating that the events stated in the application are true. However, no events are in any way described or made reference to. No incident dates, investigative reports, arrests history or charge history, are being provided to sustain these bogus allegations.

I have never been charged nor arrested for any crime of domestic violence. It is my belief that all of these allegations are malicious and derived from my intent to seek custody of my children.

Lastly, on the cover page in the last paragraph states that I'm ordered to desist and refrain from the "acts" stated in the Temporary order until the hearing. Does that mean that the Judge granted the order? And if so, do I still have possession of my children on Thursday and where do I pick them up?

Please let me know…

Thanks,

Carmelo
 
Please start your own thread if there are further queries.

First and foremost is that no specific incident is quoted. It is all addressed in a general "template" language.
This is typical. But, depending on the policy and practice in your un-named state, an affidavit providing greater detail was likely submitted for the court's consideration. State law may not require you be provided a copy of the affidavit until court or some later date.

Second, we have been divorced for over a year and she (my ex) is alleging family violence? I understand that my children are still covered under that Family code but is she still recognized as my family???
If she is alleging threats or some reason to be in fear of you, then, yes. You will forever be covered under DV related laws because of your past relationship and the fact you have children together.

Third, the supporting affidavit (Exhibit B) is just my ex stating that the events stated in the application are true. However, no events are in any way described or made reference to. No incident dates, investigative reports, arrests history or charge history, are being provided to sustain these bogus allegations.
They are likely in an affidavit that you do not have a copy of. if there is no affidavit,and no further info is provided to the court on the date of the hearing, the judge will likely drop the matter.

Lastly, on the cover page in the last paragraph states that I'm ordered to desist and refrain from the "acts" stated in the Temporary order until the hearing. Does that mean that the Judge granted the order? And if so, do I still have possession of my children on Thursday and where do I pick them up?
Is the order signed by a judge? If you do not know, call the court and see if the matter has been recorded and signed by a judge and is in force.
 
I don't know why people get upset when someone you no longer wish to see obtains an order keeping you away from them?

The order only means something, if you intend to try and see that person again!

Let them have their fun, waste their money (lawyers charge to draft those things) trying to keep you away from them when you aren't seeing them,
and couldn't care less!

Go with the flow and move on with your life.

Stop looking back, look forward!


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I don't know why people get upset when someone you no longer wish to see obtains an order keeping you away from them?

The order only means something, if you intend to try and see that person again!

Let them have their fun, waste their money (lawyers charge to draft those things) trying to keep you away from them when you aren't seeing them,
and couldn't care less!

Go with the flow and move on with your life.

Stop looking back, look forward!
Well, having a restraining order can cause other problems ... it looks bad to employers, it can prevent possession or ownership of firearms ... they can have some negative consequences if not applied with good cause.

Far too often, though, they are used as leverage rather than a true need. I have no figures on the percentages, but I suspect it is at least one in four are unnecessary ... maybe less ... maybe more. But,. they do happen.
 
Restraining order

Greetings,

First of all let me thank you wholeheartedly for your replys and time...it really means a lot when you are in my position. I'm scared of the outcome. Probably there are forces working "behind the curtain" that I can't see. And that is pretty scary.

Now CdwJava hits it right on the head...I am a Special Agent for a Federal agency and something like this will definitely impact me adversely. My state is Texas and (from what I've heard and seen) the courts are usually a bit partial to the female.

Truthfully I do not blame the court system to be like that...we all know that this law is necessary. However, if it is not applied correctly it could be very harmful to the wrongly accused.

That is my case. We have to bear in mind the fact that she is bringing these "supposed instances of violence" AFTER she was arrested and I FILED a modification order.

I have never put a hand on my ex...muchless threatened her, but she knows how vulnerable men are (especially in law enforcement) to these allegations. Thus her intent is implicitly to first get me fired and second get full custody of my children be making me look like an abusive father.

I am positive that truth will prevail and that the judge will be objective. One thing though that is bothering me is the fact that there might be an affidavit "secretly" filed and I do not have a copy of it. That worries me...I have not had any contact with this person (apart from the minute that passes when I drop my kids), but still if that is possible is kindda worrysome.

My hearing is on March 2, 2010. I appreciate your positive thougts and energy.

Again I thank you for your advise and I'll keep you posted.

:)

Carmelo
 
I advise my clients to arrange pick up and drop off of children to be done at a police station or before a social worker, minister or some other objective party in a safe, neutral place! That way, there is always an unbiased person available to keep the peace and ensure true domestic tranquility!


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I cannot imagine that the affidavit is "secret" it is just that you do not have a copy. You should probably engage legal counsel since this is a matter of your livelihood. That attorney should be able to obtain a copy of the affidavit.
 
Thanks a lot for the advise!!!

I cannot imagine that the affidavit is "secret" it is just that you do not have a copy. You should probably engage legal counsel since this is a matter of your livelihood. That attorney should be able to obtain a copy of the affidavit.
 
I thought the same, but had a Protective Order placed on me costing me my career as a Police Officer. The end result was she wanted another man and did what ever it took to move me out of my home.
 
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