Please help, I am so freaked out! DVPO Def/Hearing 12-15-09!


#1

Please forgive how lengthy this is… Just trying to be thorough.

Me: (Defendant) 32 y/o male. I’ve never been arrested or charged with anything. I spent 6 years in Federal Law Enforcement while in the U.S. Coast Guard. Good Job, just all around good guy.

Her: (Plaintiff) 23 y/o female. No college education or plans to get one. Former cocaine addict (went to rehab a couple of years ago after a failed attempt at acting in LA). She eats her Adderall like candy and drinks to intoxication 5 out of 7 nights a week.

Our relationship has gotten progressively troublesome over the past 6 months do to her being “hopped up” on Adderall and drinking like a fish. The mood swings and indecision just became unbearable.

-She’s hit me numerous times, once with a witness. (Her brother)
-She’s stolen from me
-Tells me to leave, then begs me to stay
-We stopped sleeping in the same bed; I sleep in another room with the door locked because she threatens to stab me in my sleep.
-Woken me up in the middle of the night screaming at me for no coherent reason.
-She pops the lock at her leisure just to pick arguments and display her insanity
-Threatened to have her brother come after me.
-Throws shoes at me and hits me in the head (not funny) (it does sound funny, but, those heels hurt!)

It all comes down to this. Once she realized, I had had enough and was actually going to leave her, she called her mother to ask me to leave. Her mother owns the home as an investment property. When her mother called and asked me to leave, I told her that I had already planned on it and I would be out asap. However, I would need some time to find a place. It is my understanding that one can’t be immediately evicted; a lawful eviction had to take place.

She sees that I had boxed up some things, gets mad because “I could never leave her”, “I would never find someone to love me”. On Sunday, she picked an argument with me because she’s mad I’m actually leaving, her mom (2 hours away), called the police. The police came and nothing had happened so no charges were filed, I had no where to go, so she packed up some things and left.

         !!!!!!!!!  Finally, the point  !!!!!!!!!

Monday evening I’m served with a Notice of Hearing on DVPO!

*** She went “downtown”, poked her cute little lip out and plain out Lied!!***

–This is what she stated on the document (Word for Word)

“”-Threats to harm me. This has happened many times, progressively gotten worse over the past few months. Punches hole in wall, throws things at me. Tells me “you’re lucky if you make it through the night", “You’re lucky you aren’t bleeding right now.” Breaks into my bedroom, follows me around while calling me names and trying to get a rise out of me. 12/06 - called police. Threatened to “f…” me up.""

Every single thing in that statement is untrue. She’s just hurt that I’m leaving and trying to make sure I’m the one with scars. Those are the things she did to me and the reason I was leaving her, but now, I’m wrapped up in this psycho mess and all I want to do is keep my record clean and go get my things and forget all about her.

Luckily I had already signed a lease somewhere else so I had somewhere to go. All my things are at the house. I can’t go get them. I’m not concerned with being able to see her in the least. I just want my stuff and to be able to move on in peace.

Now, with all that said. What do I do? I’m so lost in this. My Hearing is on Monday. Honestly, she is as cute as a button. I’m scared she is going to walk in the court room and turn on the water works, just like they taught her to in acting class.

PLEASE PLEASE PLEASE HELP ME. I really am a good guy. I didn’t do any of this!


#2

I would suggest that you ask the judge for a continuance of the hearing so that you can obtain counsel to represent you in this mess. A lawyer who is familiar with work in domestic violence court will be able to help you outline your side of the story in an organized fashion. It will also help if you can call witnesses (perhaps her brother) to testify in your defense.

The unfortunate reality in these cases is that it truly comes down to “he said, she said” and it is important to use your court time to place her credibility in questions by a tough cross examination, and witnesses who will testify on your behalf.

Whether the DVPO is granted or not, you will be allowed to return to the residence to collect your belongings, and you will be escorted by a deputy to ensure your safety (both physically and by way of reputation.)