My wife has filed a domostic voilence protection order on me claiming emotional and mental abuse,under 50b cumberland county general statute its only supposed to be ordered for situations where bodily harm is imminent or feared so.i have a picture of a text message on her phone from 2 days before hand which she states she spoke with a coworker named "t" that the only way she could keep me from getting the boys from school was to file a restraining order againt him and i can tell them he is mentally and emotionally abusive and they should give it to me for that.Will that help disprove the claims against me? what can i do to prove the claims are false since ive never in the 10 years we have been together ever hit her, while shes done so to me and has never called the cops for any reason either. Nor have i ever threatend to take the boys and disappear with them for her to go so far to keep me from them.Also i might add,the text i mentioned earlier was 2 days prior to her even filing the order and we were speaking fine so there was obviosly no fear of harm then.So please help me be with my boys again. Thanks also i had left the home 4 days before the order was filed
You need to hire a lawyer. If she is successful in obtaining a domestic violence order against you, that may well affect a number of issues in your divorce including but not limited to custody. It is difficult to know exactly what effect the picture of the text message will have on your proceeding, but a critical question is going to be whether you are able to get a judge to even review it or consider it. Unless you are skilled at getting these texts into evidence, a judge will not consider the texts. You probably only have a short time before your hearing, as they are supposed to occur within 10 days of the initial order, so you should move on this Monday. If you can prove that she set you up, it is likely the judge won't believe her and will dismiss the proceeding she filed against you. There are a number of good lawyers in Cumberland County, and you should get an appointment to see one right away.
I agree with Attorney Krusch. I would add that domestic violence is not limited to physical violence. The definition includes threats of violence and includes harassment. Harassment is a pattern and practice of behavior directed at the victim that has no legitimate purpose other than to terrorize or intimidate the victim that results in severe emotional distress. I am not saying that is what you did, just letting you know she does not have to prove you hit her. The definition is state-wide. NCGS 50B-1. Also, it's not a great idea to post the details of your defense on the internet where she... Or her lawyer if she gets one... can read it and prepare accordingly. Talk to a lawyer.
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