Move back with me. A month later we got into a fight & I called Her to come get him which she tried to do by texting, mailing me & calling the police on us for a disturbance while she was parked 3 houses down. I really wanted him to move back with her & still do. The restraining order act of violence and threats say that I asked her foe $300 for a divorce and my husband did say he was mentally ill and she took advantage of him. My husband does have a mental illness, verbally and physically violent.
Most of the phone calls took place on my brothers phone. Can she get a restraining order against me for asking her to help me out of my situation? She is a psychiatric nurse, I thought she was a good fit for my husband.
If she can convince the court that you pose an ongoing threat to her, then she can get a restraining order. Most judges err in favor of issuing the order if they have any doubt.
From what you describe, you certainly should have filed for divorce by now and that may help you put separation between this woman and yourself. If you want your husband out of the house, that (divorce) is the correct route to take - not phone calls to his coworkers or ex-girlfriends.
You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
I am surprised that the judge issued the restraining order because it is obvious that you were NOT violent towards her nor did you threaten violence against her. So, the only basis for the issuance of the restraining order would be stalking - consistent texts with no legitimate purpose and with the INTENT to cause serious emotional distress. As I have said, you need an attorney. Whether myself or another attorney, give me at call on my cell at (303) 906-9484 or my email at firstname.lastname@example.org to assist you in finding someone in advance of Tuesday's PRO hearing.
The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.