QUESTION: Obviously without substantially more detail it would be hard to ask if an appeal is warranted. However, is there atleast an appeal process for a DVPO that was issued?
I was accused of domestic violence by my fiance. We were together for 10 years, engaged for 6 years. The accusations were fabricated. I went to court on Monday, 08 May 2006. I showed up with phone records, e-mails, and specific dates. She had no supporting documentation. She made vague statements, included no specific dates. No police reports, or even calls for that matter, no medical reports, nothing to substantiate the claims. This was all presented to the judge yet the order was granted. She filed the complaint 2-days after I gave her a draft of our separation agreement. She is upset about the equitable distribution of assets. That is why she filed this. She wants to be alleviated from some of our joint financial responsibilities.
I feel the judge erred in the decision by ignoring the facts and also on the process. The judge stated findings that my ex asked me to not contact her. However the DVPO said that the judge found that I hit my ex. I have ordered a tape of the proceedings and have lined up a court reporter to transcribe so I have a record of the proceedings. I want to proceed w/an appeal.
Now I’m getting on the soapbox:
After sitting in court Monday I believe the vast majority of people committed the abuse they were accused of. However, I believe the courts are VERY biased and this hurts the person, albeit rare, that is innocent. Also there is a huge discrimination against men. The vicitm assistance at the courthouse is only available to females, men have to file on their own and figure the process out on their own. Surprisingly about 1/3 of the cases in court that morning were men seeking protection from women.
I have never been in trouble with the law (2 speeding tickets). So for me, this has been an eye-opening experience. The justice system has serious flaws. It the case of DVPO’s it is definitely guilty until proven innocent. The burden of proof on the plaintiff is ridiculously low. Maybe this is the way it has to be. I don’t know. What I do know is that I did not do what was alleged. I made the mistake of not hiring an attorney with the belief that no judge would upheld the absurd allegations that were made about me without proof. BAD DECISION! I am 230 lb and my ex is 120 lb, I believe the decision was rendered the minute we walked up to the bench, before anybody made any statements.