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  1. #1

    Default Eviction Due to Restraining Order

    MY CASE = PROTECTIVE ORDER ( Hearing on July 30th 2012 )

    Girlfriend's Claims: Scared to be around me and that I have been threatening her


    Her Facts:

    1.) she got all 4 of our teenagers to say that I have been mean to her, threatening and so on.

    2.) Judge awarded the temporary restraining order ( until the actual hearing on the 30th of July) based upon the kid's testimonies of arguing and
    threatening, and also because she went to the women's shelter 3 different times within the last year and documented the threats. Even though these allegations are just heresay, the judge allowed the temporary restraining order it via a "preponderance" of evidence. This is the way a woman can "thread the needle" technically, to get a man put out of the house without and actual documented crime or harm. It's VERY UNFAIR.


    My Facts:


    1.) She did NOT get me thrown out because she was scared of me.She got me thrown out because I wanted my son to move out of the house because
    I could not get him or any of my teenagers to mind, and because I wanted him out, she took revenge and got me put out through saying she was scared of me.

    2.) I have a police report where I called them out 13 times in one year to prevent the violence and escalation. Of the 13 times they were called out, there was NEVER enough violence or anything to document in ANY report.

    3.) I have a time-stamped text message that I sent to everyone in the family ( 9 days before I got put out) telling them that we need to be more peaceful and loving to each other and they all ignored it.

    FINAL NOTES: Nobody EVER hit anyone ........NO CRIMINAL CHARGES FILED. NOW IM FACING EVICTION on the 30th. So my question is:

    *****Do I play OFFENSE OR DEFENSE? to the court to counter her allegations of my character? I have tons of iphone videos of her slandering me and screaming at the top of her lungs and threatening me as well as many voice recordings on the phone of her slander, harassment, and violent temper tantrums. I HOPE THESE WOULD BE ADMISSABLE...but again... I dont know whether to play offense or DEFENSE..............I want back in the house and for us to go to counseling.

    ***** Or do I just go in there with the heart of Jesus and Do nothing? Am I shooting myself in the foot by showing the CHAOS no matter who is at fault?


    ***** IM NOT SURE IF SHE IS GOING TO BRING THE KIDS TO TESTIFY OR NOT. MY LAWYER ( CONSULTATION ONLY ) SAID IT IS VERY RARE THAT A WOMAN WOULD DRAG TEENAGERS INTO COURT TO TESTIFY I.E. THEY WOULD SCREW UP THE CASE FOR HER OR THAT ITS JUST PLAIN CRUEL TO DRAG THEM ANY FURTHER INTO IT. THIS WAS VERY UNUSUAL FOR ME TO HEAR THIS FROM AN ATTORNEY. THE REASON THATI MENTION HER DRAGGING THE KIDS INTO COURT IS BECAUSE IF THEY DO NOT SHOW THEN THEIR "WITNESSING" ON THE AFFIDAVIT BECOMES HERESAY / NOT RELEVENT TOWARDS A PREPONDERENCE OF EVIDENCE?

    ***** I do NOT want to get evicted and feel totally "ganged up on" by this mess. I feel like even if I show the judge the above video, and it proves her temperamental character ( along with everyone else in the house ), it will do nothing but freak the judge out and make her put someone out anyway VIA THE SOLE INTENT OF A PROTECTIVE ORDER IS TO KEEP PEOPLE SAFE. Please chime in with your thoughts. Thanks.

  2. #2
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    Default Re: Eviction Due to Restraining Order

    Quote Quoting neeedtheinfo
    View Post
    MY CASE = PROTECTIVE ORDER ( Hearing on July 30th 2012 )

    Girlfriend's Claims: Scared to be around me and that I have been threatening her
    Her Facts:
    1.) she got all 4 of our teenagers to say that I have been mean to her, threatening and so on.
    2.) Judge awarded the temporary restraining order ( until the actual hearing on the 30th of July) based upon the kid's testimonies of arguing andthreatening, and also because she went to the women's shelter 3 different times within the last year and documented the threats.
    If your girlfriend went to a shelter 3 times in a year, something is going on that isn’t normal in a relationship.

    Quote Quoting neeedtheinfo
    View Post
    1.) She did NOT get me thrown out because she was scared of me.She got me thrown out because I wanted my son to move out of the house because I could not get him or any of my teenagers to mind, and because I wanted him out, she took revenge and got me put out through saying she was scared of me.
    In the first part of your posts you use the term “our” to describe the kids, but here you use the term “my.” Is this son of yours also her son, or is this your child with a different woman? If this child is also her child, it might be viewed as aggressive or controlling in court if you were attempting to evict the child against her wishes.

    Quote Quoting neeedtheinfo
    View Post
    [
    2.) I have a police report where I called them out 13 times in one year to prevent the violence and escalation. Of the 13 times they were called out, there was NEVER enough violence or anything to document in ANY report.
    3.) I have a time-stamped text message that I sent to everyone in the family ( 9 days before I got put out) telling them that we need to be more peaceful and loving to each other and they all ignored it.
    FINAL NOTES: Nobody EVER hit anyone ........NO CRIMINAL CHARGES FILED. NOW IM FACING EVICTION on the 30th. So my question is:
    Just like your girlfriend’s three visits to a shelter, your 13 phone calls to police are indicative of a problem in the relationship even if there has not been overt violence. This is not typical behavior. Your note might be viewed as acknowledgement that you hadn’t been peaceful in the past and this could work against you. The judge may feel compelled to separate you and the girlfriend before this situation escalates tragically. Your post doesn’t give any insight as to who the aggressor is in this relationship, but there are clearly large relationship issues with warning signs for serious violence.

    Quote Quoting neeedtheinfo
    View Post
    [
    ***** I do NOT want to get evicted and feel totally "ganged up on" by this mess. I feel like even if I show the judge the above video, and it proves her temperamental character ( along with everyone else in the house ), it will do nothing but freak the judge out and make her put someone out anyway VIA THE SOLE INTENT OF A PROTECTIVE ORDER IS TO KEEP PEOPLE SAFE. Please chime in with your thoughts. Thanks.
    I tend to think that if you suspect these facts and video might freak the judge out and make her want to put someone out anyway, that you are probably correct. The set of facts you present, regardless of whom is to blame, makes me concerned for everyone’s safety. A judge operating under the same premise might feel compelled to act as you state here. Maybe you could consider some counseling to help you mend your relationship with your kids, and also to help you prepare for a healthy future relationship.
    Good luck.

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