What is the name of your state? florida
Funny thing.. my ex wife has been posting in another forum on this site about the Domestic Violence Injunction she got against me. Since she brought it up, here's a little background and a question of my own (I'm trying not to make a book out of this!
):
We separated in May 2003. We decided to live together until one of us could afford to do otherwise, and for the kids. On 7/31/03 I began staying with friends because she was constantly trying to instigate fights with me. I had not officially moved out as all of my belongings were still there, I was still paying her rent and utilities, still buying groceries for the family and still transporting the children to school every day. (we only had one vehicle; I was working full time she was not working)
On 08/07/03 after I brought the children back from school I asked her for some of my things I had obtained over seas while in the US Navy. She was being obstinate and decided to give me very vague answers like " I don't have them", "I don't know", and my personal favorite "they're outside with your stuff". After asking several times for her to clarify, she kept repeating the same answer. I lost my temper and snatched on our dining room table (the kind that extends with a leaf in the center) and the center leaf fell out. I realized I had made a fool of myself and apologized for losing my cool.
I went outside to try to find my "stuff". Not finding anything I had asked her for, I tried to re-enter our home to find that she locked me out of the house, and changed the locks.
I began banging on the door for her to let me in so I could get my things, and she refused to let me in citing that she was afraid I was going to choke her - despite me never suggesting that I would. My response to this ridiculous allegation was "is that what you want??" asked in a genuinely confused tone.
I told her I would break the window to get in, to which she replied "replacing a window is very expensive." After I told her I would pay for the window she finally let me back in the house. She continued to antagonize me and refused to allow me access to my things. After arguing for about 30 minutes, she suggested that I should "step outside" and she would go back into the back of the house and retrieve the belongings I was requesting. I complied, and a few moments later she delivered my things to me from inside the house. I left for the evening. The total event lasted approximately 45 minutes.
I continued to transport the children and spent as much time with them without her as I could. I made an appointment with her to get all of my belongings out of the house, and she agreed.
When I arrived at the designated date and time (September 19, 2003), she was nowhere to be found and had taken the children with her. She locked the house and put a good portion of my belongings outside but kept several very important things inside. Since I was STILL paying rent, I took the hinges off the back door and retrieved the rest of my personal property. I returned everything to normal, put the door back on and left.
On 9/23/03 she filed for an Injunction for Protection Against Domestic Violence with Dependent or Minor Children. In this petition she recalls the events I have just written and claims that it was the first time I put real fear in her heart for the children's safety. The only violence committed that night was against that poor dinner table (the leaf was perfectly fine, just made a loud noise when it hit the hardwood flooring) It also states in this petition that she had contact with a domestic violence shelter prior to the events above. This lead me to believe that it was an intentional instigation in order to obtain the DVI against me.
She checked off the boxes for requesting sole custody, exclusive use of our home, alimony, and child support. The only box she did not check was a request that I be ordered to participate in treatment or counseling for my "temper". (which, IMHO proves that she was just being malicious and not really concerned for anything other than vengeance.)
An Order Setting Hearing for the Petition for DVI WITHOUT ISSUANCE OF A TEMPORARY INJUNCTION was then served on me at work. It states that the court does not find sufficient reason to issue a temporary injunction based on the allegations she made. At the hearing, she attempted to convince the judge that she was in danger.
The judge then granted the DVI, stating that it was for the necessary separation of the two parties. He awarded her everything she asked for except for sole custody. He awarded me unsupervised visitation with my children through a 3rd party so that my ex and I would not have to see each other.
I filed for divorce in 11/03 and finalized it in 03/04. The injunction is valid until further order of the court. I moved the court in 2005 to have the injunction dropped, but my request was denied as she said she was "uncomfortable" dropping it.
Since this last attempt, she and I are both married to new people. My ex now works for a women's prison as a correctional officer and is married to a man who works at the same place doing the same thing.
It is now 2007, and I still have not done anything to aggravate the situation. I have no history of domestic violence, no history of abuse, no history of stalking, or assault. I have no record, other than this DVI over my head.
We have a different judge for this now whom I have not yet met, so I would like to try to get this dropped now that the ex has an education in self-defense, the ability to carry weapons and a husband who is licensed to carry a firearm. Not to mention the fact that it is childish, ridiculous and unnecessary.
So here's the Question: How do I get the judge to drop this?
Funny thing.. my ex wife has been posting in another forum on this site about the Domestic Violence Injunction she got against me. Since she brought it up, here's a little background and a question of my own (I'm trying not to make a book out of this!
):We separated in May 2003. We decided to live together until one of us could afford to do otherwise, and for the kids. On 7/31/03 I began staying with friends because she was constantly trying to instigate fights with me. I had not officially moved out as all of my belongings were still there, I was still paying her rent and utilities, still buying groceries for the family and still transporting the children to school every day. (we only had one vehicle; I was working full time she was not working)
On 08/07/03 after I brought the children back from school I asked her for some of my things I had obtained over seas while in the US Navy. She was being obstinate and decided to give me very vague answers like " I don't have them", "I don't know", and my personal favorite "they're outside with your stuff". After asking several times for her to clarify, she kept repeating the same answer. I lost my temper and snatched on our dining room table (the kind that extends with a leaf in the center) and the center leaf fell out. I realized I had made a fool of myself and apologized for losing my cool.
I went outside to try to find my "stuff". Not finding anything I had asked her for, I tried to re-enter our home to find that she locked me out of the house, and changed the locks.
I began banging on the door for her to let me in so I could get my things, and she refused to let me in citing that she was afraid I was going to choke her - despite me never suggesting that I would. My response to this ridiculous allegation was "is that what you want??" asked in a genuinely confused tone.
I told her I would break the window to get in, to which she replied "replacing a window is very expensive." After I told her I would pay for the window she finally let me back in the house. She continued to antagonize me and refused to allow me access to my things. After arguing for about 30 minutes, she suggested that I should "step outside" and she would go back into the back of the house and retrieve the belongings I was requesting. I complied, and a few moments later she delivered my things to me from inside the house. I left for the evening. The total event lasted approximately 45 minutes.
I continued to transport the children and spent as much time with them without her as I could. I made an appointment with her to get all of my belongings out of the house, and she agreed.
When I arrived at the designated date and time (September 19, 2003), she was nowhere to be found and had taken the children with her. She locked the house and put a good portion of my belongings outside but kept several very important things inside. Since I was STILL paying rent, I took the hinges off the back door and retrieved the rest of my personal property. I returned everything to normal, put the door back on and left.
On 9/23/03 she filed for an Injunction for Protection Against Domestic Violence with Dependent or Minor Children. In this petition she recalls the events I have just written and claims that it was the first time I put real fear in her heart for the children's safety. The only violence committed that night was against that poor dinner table (the leaf was perfectly fine, just made a loud noise when it hit the hardwood flooring) It also states in this petition that she had contact with a domestic violence shelter prior to the events above. This lead me to believe that it was an intentional instigation in order to obtain the DVI against me.
She checked off the boxes for requesting sole custody, exclusive use of our home, alimony, and child support. The only box she did not check was a request that I be ordered to participate in treatment or counseling for my "temper". (which, IMHO proves that she was just being malicious and not really concerned for anything other than vengeance.)
An Order Setting Hearing for the Petition for DVI WITHOUT ISSUANCE OF A TEMPORARY INJUNCTION was then served on me at work. It states that the court does not find sufficient reason to issue a temporary injunction based on the allegations she made. At the hearing, she attempted to convince the judge that she was in danger.
The judge then granted the DVI, stating that it was for the necessary separation of the two parties. He awarded her everything she asked for except for sole custody. He awarded me unsupervised visitation with my children through a 3rd party so that my ex and I would not have to see each other.
I filed for divorce in 11/03 and finalized it in 03/04. The injunction is valid until further order of the court. I moved the court in 2005 to have the injunction dropped, but my request was denied as she said she was "uncomfortable" dropping it.
Since this last attempt, she and I are both married to new people. My ex now works for a women's prison as a correctional officer and is married to a man who works at the same place doing the same thing.
It is now 2007, and I still have not done anything to aggravate the situation. I have no history of domestic violence, no history of abuse, no history of stalking, or assault. I have no record, other than this DVI over my head.
We have a different judge for this now whom I have not yet met, so I would like to try to get this dropped now that the ex has an education in self-defense, the ability to carry weapons and a husband who is licensed to carry a firearm. Not to mention the fact that it is childish, ridiculous and unnecessary.
So here's the Question: How do I get the judge to drop this?
