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TRO help

Started by Sunshine1, Jul 26, 2005, 01:43:01 PM

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Sunshine1

I posted this on Soc's board, I am just wondering if anyone else has had an altercation with an abusive BM...any suggestions are appreciated

Background info:

BM/NCP came to pick up for second half of summer vacation. We had purchased a cell phone for the children to take along so we could speak to them as well as they would have access to call 911 in case of an emergency. BM in habit of leaving kids alone and she has no phone. Kids instructed to call for help if left alone.

BM sent child back to the door with the phone and would not allow it, even though she wrote an email thanking us for getting them one for her to also communicate with them.

I told her she could wait for DH and she could discuss it with him and I went to shut the door. She shoved open the door and pushed me down a flight of stairs. She went totally crazy and long story short we now have a TRO on her and are due in court next week for it.

In late June we were provided (voluntarily) a psych eval she had done on herself and is trying to collect SSI due to the results and get out of child support. We have NEVER had an incident like the one I just described with her EVER. As far as we knew she was just evil but has some serious diagnosis.

I have been out of work since the accident and I have multipy injuries due to the fall, to my knowledge she has very minor to no injuries because I fought back.

We are both being charged for assault even though she broke into my home and induced bodily harm.

My questions are:

1. At the TRO hearing what should I ask for to keep it from being dismissed? We already know she has a mental health history, anything we can ask for to get concrete evidence that she is not fit to have children around her?

Any further help or suggestions will be greatly appreciated!!

dontunderstand

BM filed RO on me FOR NO REASON!  She alledged SD is afraid of me (not even 1 example) and that I was stalking her and harrassing her (I served her at work due to her not EVER being at home)  I just told the truth.  I would think that from your injuries alone you could get the order finalized.  I would fight the charges, that is BS!!!  I would also think that her time with kids should be SEVERELY limited!  If she is that unstable I would fight for supervised visits!

Sunshine1

Got back from attorney's office today and basically she is going to get away with this whole thing.  I should plead to a lesser charge and pay a fine and be done with it.  It is because of her mental health and her anorexia that no jury will believe that she attacked me.

Doesn't matter that she tried to kill me, doesn't matter she pushed me down a flight of stairs, doesn't matter that she is a total documented mental case, doesn't even matter that I didn't wish to get in the middle and shut the door on her, I AM THE ONE THAT IS WRONG FOR INTERFERING WITH HER TIME!!

Unbelieveable.  I am so depressed I could jump off a building to just stop all this sh*t in our lives.  If it isn't DH ex, it is my ex, and if it isn't either one of those two, then is one of our junky relatives that gets their kids placed with us and then begins the whole family war.

I am so tired, just very sick and tired of being sick and tired. Thanks for the vent.

jilly

I wouldn't listen to that attorney.

Number 1:  Most people know that people with mental health issues are capable of doing doing...anorexia or no anorexia.

Number 2:  You're obviously the more seriously injured of the two.  Now what would that tell you?  The person with the most bruises is the one that got the worst end of it.

I recommend talking to another attorney.  And, if you haven't posted this to Soc, get his opinion on what the attorney said.

You'd DON'T have to take this laying down!

dsm

take it up with Soc too.  He is a wealth of information.

Get another opinion and make sure you keep pictures and have your documentation all in a row.

GOOD LUCK!!!!
==============================================================================

dsm - 34
DH - 38
SD - 15
LO - 9
BB - 2
------------------
2 Cheap Entertainment cats - Snoop & Dagger - 5 years and counting.....
dsm - 44
DH - 48
SD - 26
LO - 19
BB - 12
1 demon who provides cheap entertainment of the fluffy and furry kind.

My mantra - it's time for me to do for me and mine so we can live in the present and not fret about the past nor worry about the future.  What is, is