I just got served tonight and am out of the home. Court date will be this Tuesday.
She is claiming I have repeatedly kicked her out of the bed onto the floor and verbally threatened her.
Monday night she tried to start an argument/fight with me. I didn’t argue back and just went to bed. She jumped in the bed and started trying to push me out of the bed. I just laid there. She called the cops. They came and found no evidence of any assault. In addition they found her to be drunk and me sober and sane. I went that night and filed assault charges with the magistrate and she was arrested later that night. She spent the last 2 nights at a neighbors house.
I have quite a bit of evidence of the following:
alcoholism - she was in rehab in February, plus I videoed myself finding all of her hidden bottles she had hidden all over the garage and bedroom (over 70 empty malt liquor/wine bottles).
adultry - she has add 3 affairs during our marriage, I have computer/chat/email logs from one last April exchanged between her and the guy. I also have some chat logs from this April of inappropriate chatting with an old boyfriend.
abuse - I recorded her sunday while she talked hatefully to me and then tried to start punching keys on my computer while I was working. Also she had been previously recording me, and to try and taunt me Sunday she played her recorder to me, I have that recorded as well. My boys are well aware of all 3 of these (they are 16 and 12).
comfort and lack of fear, I have pictures and my children’s testimony showing her happy and content and not afraid of me the slightest. For example a facebook photo she posted that I took of her and the boys when I took her out for Mother’s day dinner. She came into the house this morning after throwing her cigarette on the front porch and just walked all around the house. I asked her to pick up the butt, but she said “I will after you clean out the garage”. The boys heard this exchange, but in her 50b she says I towered over her and said “there will be consequences”. She also said I followed her every step, but I left before she did.
I am going to get an attorney tomorrow first thing. Will they be able to help me on such short notice?? What else should I try to get??
Edited to add the following:
I told the complete story from Monday night to the following: