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New Evidence in Protective Order Appeal

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  • 12-23-2011, 12:39 PM
    rogerodell
    New Evidence in Protective Order Appeal
    My question involves restraining orders in the State of: Virginia

    Facts:

    Spouse and I had a domestic dispute.

    Spouse calls 911.

    Police is required to make an arrest when responding to domestic violence calls. The police could not determine who was the aggressor; hence, arrest was not made. Police informed both parties that each could file for a preliminary protective order. I did not.

    The next day, petitioner filed for preliminary protective order against me.

    I was thrown out of my house for 15 days until the hearing.

    At the hearing, petitioner essentially lied (her version of events did not align with the police report and affidavit). The judge dismissed the case due to the evidence presented.

    Petitioner filed an appeal to the judge's decision. The appeal will be heard "de novo." In other words, she gets another opportunity to refine her lies.

    Between the time of the judge's decision and the filing of the appeal, the petitioner assaulted me and was arrested and booked.

    An emergency protective order was filed by police on my behalf.

    The next day, I filed for preliminary protective order.

    The appellant has been evading the protective order and has gloated about it.

    Question:

    Since the appeal will be "trial de novo," can I, somehow, introduce into evidence the assault charge and her evasion of the protective order to show that she does not have reasonable apprehension of bodily harm, sexual assault or death?
  • 12-23-2011, 01:00 PM
    aardvarc
    Re: New Evidence in Protective Order Appeal
    Showing up at a court hearing to ask for a restraining order, when you're aware that someone is trying to have YOU served with one, would be in the top three stupidest things she could do. You'll want to have a copy of the order that needs to be served on her in your possession, and ask the court if you can serve her then and there. The fact that police filed the order on your behalf after arresting HER for assault should be all the judge needs to put an end to her attempts to get an order against you.
  • 12-23-2011, 01:55 PM
    rogerodell
    Re: New Evidence in Protective Order Appeal
    That is what the police advised me to do.

    The optics of the situation (being served by the bailiff before her appeal requests begins) would be priceless.
  • 12-23-2011, 02:04 PM
    aardvarc
    Re: New Evidence in Protective Order Appeal
    Yes, I suspect that there is a Kodak moment brewing.
  • 12-31-2011, 02:20 PM
    rogerodell
    Re: New Evidence in Protective Order Appeal
    Update:

    The appeal is next week.

    I learned last week that she was served two weeks ago.

    Since she is not abiding by the preliminary protective order, I have file a motion to show cause against her. And will arrange for her to be served at the appeal.

    Question:

    Since there is an existing preliminary protective order (temporary restraining order) against her in the Domestic Relations District Court, how will the higher court, Circuit Court, deal with the appeal? If the higher court rules in her favor, will I be asked to leave the residence given that a preliminary protective order is in place stating that I have exclusive use of the residence?

    Should the judge, with his/her years of experience, see through her bulls*** and not entertain her request for appeal?
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