My spouse wanted a Divorce then filed a Domestic Violence Protective Order


#1

To escape months of verbal abuse from my spouse. I asked her, what do you want to do about this marriage? My spouse wanted a divorce. I said okay. For 6 days I did not talk to them about anything. When I came home they would still continue to attack me with all sorts of negative words. I would leave the home sometimes at 2 am because of the ongoing attacks. We had already decided I would move my 3 months packed boxes of things and things used for my (side) family reunion. The day of the move my spouse was home and I told them I was moving my things. My spouse did not cause a disturbance like they told my son they were going to do. After the move 5 hours later I received a phone call from my spouse telling me I need to come to get all my things out of their house today. They claim I left the house in a mess. The only room in little disorder was my locked bedroom because of the move. The next day I was served a falsely accused restraining order because they were all of a sudden afraid of me and I would not agree with them at all. They also said I had our two grown children brainwashed and they treat her like a dog. All this has caused her emotional distress and seeking counseling because I came to the home and removed the family reunion things and some of my 3 months packed things. What do I need to do to prove this false accusation of domestic violence? She was attacking me by leaving the master bedroom and coming to the back bedroom banging and yelling at me. I have her on voicemail telling me to come to move my things out of the house, will that help? or what do I need to do? Can my grown children be my eyewitness to what has happened in the home the last 6 months?


#2

Unless your wife agrees to dismiss the domestic violence protective order (DVPO), then there will need to be a trial on the next court date. You will need to show that you have not committed an act of domestic violence and you will need to discredit your wife’s statements that she is afraid of you. The voicemail inviting you back into the home the day before she filed for the DVPO will be helpful evidence for you.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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