Domestic Violence


#1

Last time I was on here, I was separating, and things were simple’
Since then she has decided to file a domestic violence, claiming the last day I was there, I was violent and she had to “kick me out.” /mind you I hired 2 guys from 2 men and a truck to move me, I reserved the truck days before, the 2 guy were there til I left, and after I moved out, she texted me in the days following, least twice, saying she needed hugs, wanted to see me and can she come over. Not to mention, she apologized for the argument we had, while the guy were there. But, it was emotional and an argument. I mean we’re separating, emotions gonna run high, stress run high, etc. Separation wasn’t designed to be easy.

My question is valentine’s day, I left for outta town, and told her I was going and not coming back. I went to my family. That evening, she freaked out, literally texting a lot, cursing me out, “fuc you fuc this, I’ going to destroy your laptop, your friends, I’m going to make you regret this, etc” though I texted back to stay calm, we;re separated, and I had told her I wasn’t coming back. She also mentioned she had “drank a full bottle of tequila and it felt good” but, I don’t drink. I have all those texts saved, sadly no phone calls, just missed calls. I also pulled my verizon bill to show with verizon, I didn’t make up the texts, and also the bill for the date I moved out, her texts then up til I was served. Also she apologized twice in my texts for the fight, saying “she was stressed and I don’t deserve to be treated that way.” I want to protect myself from whatever else she is going to try, once I beat this restraining order.
Is it too late to file for a restraining order, using the valentines debacle? It’s over 30days. I didn’t file then, because I needed to move, and I didn’t want her destroying things, while I moved. Mind you, if she had, I’d have called the police, and used my receipts to show I purchased this and that and she broke them. I have only threatened financially as she “stole” my credit cards to buy a few things, then promised to pay it back. So, I have only threatened to dispute and file charges of fraud on my cards. The guys from 2 men and a truck should be willing to be a witness that nothing happened while they were there, and if I’m unlucky and she recorded it, it was an argument, and I did nothing wrong, hurt her, just argued and probably cursed her a little for behaving like a child. We were married may 7th, 2011 And separated this time, Feb 24th, 2015.

Thanks


#2

I’m sorry, I’m a little confused by the details and what exactly you are asking. If she filed a Domestic Violence Order of Protection against you related to something that happened on Valentines day, and you had witnesses, then you need to be prepared to appear at your DVPO hearing with your witnesses (if possible) so they can testify that there was not DV issue. There is no law requiring someone to file a DVPO within 30 days of the incident.

Are you also asking if you can file a DVPO based on the same incident? Or simply based on her threatening to ruin your things? Harm to personal property is not grounds for obtaining a DVPO. We provide plenty of information about how to obtain a DVPO and what grounds are necessary on ourDomestic Violence Center.