Domestic Violance Order & Spousal Support


#1

Went to court and the wife got the 12 month restraining order; I might add that she exaggerated, lied and witness confirmed lie, but judge gave her what she wanted as he did every “victim/plaintiff” in court room. Seems like all you have to say is “I’m afraid for my life”.

Husband is a dependent spouse, receives Social Security disability and works 16 hours a week (within guidelines of S.S.). He has found a friend to live with, hopefully for the 12 month period of the DVO. The marital home is is both their names, the mortgage is in her name only; is he entitled to some kind of financial support from her during this 12 month separation?

Thank you


#2

There is no direct yes or no answer to this question. The court must consider marital misconduct occurring either before or on the date of separation when alleged by either spouse. One form of marital misconduct is cruelty and indignities to the person. This statutorily means a course of conduct or continued treatment which renders the condition of the injured party intolerable and life burdensome. The indignities must be repeated and persistent over a period of time. What constitutes indignities depends upon the facts and circumstances of the case. A complaint merely alleging cruelty and indignities fails to give fair notice unless the complaint mentions any specific act committed by the defendant (or in this case, the answer mentioning acts by the plaintiff).

If the wife in this case can provide specific instances of cruelty and indignities she has suffered by the husband in her answer to his complaint, then she may not have to pay any support. The judge will have to decide whether an award of spousal support should be given based off of all of the factors, including the wife’s allegations, in this case.


#3

Thank you for your response.

We have a new situation. Husband was in the hospital on the mental health ward before going to court for the DVO. While in the hospital he called the home and left a message; obviously not in the right frame of mind. He was served by a sheriff in the hospital and the sheriff told him that if you are still here before the court date(which he was) just make sure you go to court on the original date; which he did. The wife on the stand said he called the house and left a message explaining to the judge what the message said. (As per my original post, where the judge gave her the 12 month restraining order.)

Today the sheriff arrives looking for him because they have a warrant for his arrest. I showed the sheriff the original DVO (which he was served at the hospital) and final papers from the court and signed by judge;( I did not have the 2nd summons) I told him I thought this settled it. How can they try and arrest him - he was in the hospital, showed up in court as summoned? This makes no sense. Is this a case of lack of communication on the court and sheriff’s office (Johnston Co.) He cannot afford an attorney.

Would the original DVO and the violation be “combined” when he went to court? If that’s not the case. . why didn’t they arrest him when he left the hospital, why didn’t they arrest him in court and why didn’t the arrest him when escorted by sheriff to retrieve his personal belongings? This is so upsetting.


#4

It sounds like the situation is that he has violated the ex parte protective order by calling her. There was a no contact order already in place at the time of contact, so he violated it. The ex parte violation is not heard at the same time as the permanent (12 months) protective order.


#5

Thank you.

Based on your experience, what can he expect as a ruling from the judge on this violation? Since he has not violated the order since going to court, will that have any bearing on the violation on the ex parte? With being on the mental health ward and not in his right frame of mind, do you think that will have any bearing on the violation also?
Our concern is he has a physical disability that mandates medication.


#6

I cannot predict the outcome, or give odds as to what may happen in any one case. A judge will hear from both sides, so be sure to put on any evidence in his defense or in mitigation. You may wish to employ an attorney in such a case, but you do not have to.