zipped
recently joined
Reged: 10/17/09
Posts: 7
|
|
Need some good advice - Where to start!
We were married 15 years, no domestic violence or any interaction with law enforcement. I also have never been arrested or charged with anything in my 39 years. I have always been a good father and husband.
I have never threatened, harassed, or stalked my ex-wife.
My ex-wife put had a TRO put on me the day after I mentioned I was going back to court to modify the custody of our children and it would affect the amount of money she is receiving.
I went to court to fight the TRO, she said she was not ready (I travel for my work) and she called a lawyer on the phone, who then the judge called and made notification he would appear for my ex.
The TRO hearing was delayed 6 weeks due to her lawyer and my schedule not "accommodating" to each other.
At the initial TRO hearing it was stipulated I could be at the athletic events of my children and could be with them, just needed to keep be on opposite sides of the field around my ex.
We had this going for roughly 6 weeks, 2 practices, 2 games a week. Always would walk my son after practice to my ex-father in law's car or within 20 yards of my ex.
We would exchange pleasantries, then part ways.
This week I mentioned (keep in mind we were roughly 20 yards apart) I had subpoenaed the children, she engaged in conversation of a couple sentences, then not satisfied with my answers she said we shouldn't be talking with each other as I was walking to my car.
3 hours later I received a call from Douglas County Sheriff, saying my ex had called in a complaint. I told him what had transpired, he asked if I wanted to come in to give a statement. I said no (9:00pm at night and a half hour drive). Roughly a half hour later, Arapahoe county sheriff shows up with two deputies, asked if they could come in and then had me sit on my couch saying a Douglas County Sheriff was on his way to ask me questions. 45 minutes later, 10pm at night, DC sheriff shows up and I was arrested and put in DC jail for the night on charges of violating a protection order and harassment.
Upon being released on a personal recognizance bond, the female DC deputy said this was ridiculous and not to worry about anything. The sheriff notified my ex about my release, and I was told her only question was "how does this affect the TRO hearing"
Among other things a mandatory protection order was issued which stated "stay away from any other location the victim(s) is/are likely to be found".
She then called the DA's office to request I be barred from the athletic events.
I have to go to criminal pretrial Nov 5th as well as to our domestic TRO hearing October 30th.
My only intention is to see my children as well as to fight the TRO so I do not end up in jail as we live less than a mile apart and do not want to fear running into her anywhere.
At this point I am more concerned with getting the domestic TRO dropped as I was told likely the criminal violation of the TRO would be dropped, although going to jail and going to court in general leaves me a bit wary of the entire legal process.
I do not really have lawyer funds left following a long lawyer driven divorce and was hoping someone might point me in the direction of resources that can help me in presenting my cases.
I appreciate anyone's time and advice on this matter.
Thanks!!!
|
robertg
recently joined
Reged: 11/26/09
Posts: 2
|
|
Unfortunately, I have no good news for you. In the State of Colorado the burden of proof for a Civil Protection Order is almost non-existant. The mere fact that you were charged with a violation of the TRO is not going to help your case at all. The first mistake you made was having ANY communication with your ex. Unfortunately, TRO and PPO abuse is one of the most popular and unfortunately easiest way for a women in Colorado to get or retain Sole Decision Making and Sole Custodial rights. Without knowing what the allegations are in the TRO case it would be hard to access what can be done. Your main issue is going to be the violation of the TRO, Judges have zero tolerance for those violations. I would suggest spending all of your time focusing on the TPO and proving it is not warranted and getting it denied. I have worked with a VERY GOOD female attorney that specializes in cross examination of women and catching them in being untruthful. She has successfully defended me in the same situation. Not only was my ex wife's TRO denied, I was granted a PPO. I'm sorry I dont have better news for you... But FIGHT, FIGHT, FIGHT.
|
Cocidius
recently joined
Reged: 12/10/09
Posts: 1
|
|
Zipped, I feel your pain. I was in a different situation, in that I have gotten physical with my wife on a few occasions. All of which were in the course of an argument, and many time I tried to leave, but was threatened my stuff would be destroyed if I didn't come home. I am not making excuses for my actions, I went to anger management for 2 months, and completed a course. My wife and I were trying to reconcile when she gave up. It had been 9 months since I had laid a hand on her, when we had to get our paperwork in. I've never laid a finger on any of my children, and had them three nights a week...
I didn't want the divorce but agreed to let her dad mediate our paperwork. We worked back and forth, compromising and came up with a separation agreement and parenting plan. Mom gets involves, and my wife decides to meet with a lawyer. 3 weeks later, I haven't seen my children, or spoke with my wife. She ignores me and the limited correspondence we've had have been through her father.
Tuesday I was served with a TPO at work. It was very hurtful, and I feel like a loser. I wish you luck in your situation, and will keep you along in my prayers as well. It's a shame when women use legal strategies and children as pawns to get what they want, or hurt you back. I was almost suckered into violating my TPO, and after reading your article, I am thankful I was overly cautious, and didn't fall for it. I know it's hard, but follow it to a "T" and the judge will see through your wife. Be patient, that's the one I've had the toughest time with... so I know how you must feel.
|
|
Previous
Index
Next
Threaded
Edit
Reply
Quote
