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I understand you read and respond to many posts a day so I will be breif and try to give you the short story to jog the memory.

My name is Eric and I live in the state of New Hampshire. My wife filed for divorce and a domestic violence restrainging order that alleged I commited acts which are absolutely untrue.

At the final hearing, I presented evidence and witnesses to the fact that I had never abused my wife or children, but still a finding of abuse was made. My wife lied utterly in her testimony, implicating two people of helping or "advising her' to file the petitions, and that one of them witnessed the bruising on her body.

Now to the reason for this post. I have submitted a motion for reconsideration to the court. In my motion i asked the court to:

1. allow for new testimony to be entered that was unavailable and/or unknown at the time of the final hearing.
2.admit testimony from witnesses claimed by petitioner to have direct knowledge or participation in her allegations of domestic violence/
3.admit evidence from witness claimed by petitioner to have direct knowledge or participation in her allegations of domestic violence.

under the why should the court make these orders i stated

1. temporary restraining order issued by this court prevented me from contacting witnesses
2. One witness was unknown to me at the time of the fnal hearing, she stepped forward and offered testimony afterwards.
3. witness has proof petitioner deliberately lied under oath at the final hearing.
4 witness can give testimony that I had no prior knowledge of at the time of the final hearing.
5. All of the above witnesses and evidence was beyond any reasonable ability of myself or this court to collect at the time of final hearing.

Now here's the thing, above is exactly what is on my motion but after submitting it I started to wonder if I shouldn't have written it differently.

So my questions to you Soc are as follows:

1. Should I have named the witnesses, described the details of what they would be testifying to?
2. Should I have included a request for a new hearing in this motion or will the court order a new hearing if they grant my motion?
3. Should I amend the motion, since the clerk informed me it is my right to dod so?
4. If you were opposing this motion how would you object to it?

My wife's attorney is very good and I fully expect to recieve an objection to it so I would like to amend the motion before that occurs.

As before thank you in advance for your very helpful advise.

Thank you for your response. I have witnesses that were not available for the hearing, due to the time constraints. One can directly testify to the fact that my wife had this course of action planned before she attempted to reconcile.

I intend to fight this restraining order to the fullest extent that i can, even if my motions are denied. I intend to file a motion for reconsideration based on the testimony of my wife, and I will include the new witnesses as well.

New questions if you would be so kind:

1. How do I go about filing the perjury motion?
2. My wife filed for divorce based on irreconcilable differences, presumably the domestic violence issue, does that help with the former question of whether or not the restraining order will hurt my case when it comes to the divorce and custody hearings?
3. Should I assume that my wife will try to use the domestic violence issue in the divorce and custody hearings?
4. I imagine that I should prepare for it anyway, how do I do that?

I can provide any information or court paperwork you need if you would be willing to help me further. I am studying this issue as hard and fast as I can. Most information available is in the interest of filing first and staying ahead of the game, which clearly I have not done. So I suppose my next question would be:

5. Can you point me in the direction of self help sources for someone in my situation?

Again thank you for your help thus far. It is better to hear bad news given truthfully than the words of encouragement, given in the interest of my spirit. I will not give up whatever I have to go through. I have been the only stable parent in my children's lives. I believe I can prove that much.

My name is Eric and I live in the state of new Hampshire. I am married with two children, both of whom i had with my wife. My wife left the marital homestead this summer, leaving me to care for our two children.

During this time my wife had several affairs, which i have direct witness evidence and hard evidence of. Upon learning this, I filed an ex-parte motion to keep the children in my home, which was granted, and I filed for a fault ground divorce.

Four days after being served the divorce papers, my wife convinced me to let her back into my home and my family's life by signing legal and physical custody of our children to me. This all happened July of this year.

This November, I withdrew my petition for divorce. Upon receiving notice of the orders, my wife returned to her old pattern of behavior, and less than two weeks after receiving notice of the orders, took my two children to her parents home in Vermont, convinced them that I was abusing both her and the children, then returned to New Hampshire.

She checked herself into a battered womens shelter. She filed a petition for a domestic violence restraining order, which was granted, and she petitioned for divorce.She took my children with her of course.

Upon receiving the restraining order, i immediately retained counsel, and filed to advance the dvp final hearing. However, i was not aware of how she planned to prove the domestic violence issue, or the child abuse issue, since i hadn't done anything to abuse any of them.

At the dvp final hearing, she implicated our marraige counselour, by stating she had witnessed bruises on my wife and instructed my wife to file the dvp, She also implicated the teacher of my son, by stating that he had made outbursts, and had drawn a picture with the schools guidance counselour.

I brought six family freinds and family members, all of whom we saw on a daily basis as witnesses to the fact that noone ever saw any signs of what my wife was claiming.

Somehow I lost the hearing and the judge has made the determination that i have commited or attempted to commit assault or reckless conduct, and criminally threatened my wife.

After the hearing I interviewed both the principal of my sons school and the marraige counselour. They had no knowledge whatsoever of my wifes allegations and are prepared to come with me to court to prove that my wife lied on the stand.

However, I have exhausted all of my financial assets, and no longer retain counsel. The ten day period to file a motion for reconsideration is up this tuesday, Jan 3rd.

my questions for you are as follows

1. do I have grounds to file a motion for reconsideration?
2. Should the motion include a perjury accusation?
3. If I don't file to reconsider will the domestic violence restraining order hurt me during the divorce and custody hearings?
4. I have been told my attorney did a very poor job at the hearing, can I do better representing myself?

Please respond to my questions, I am so terribly afraid. I know that I was a fool to beleive my wife, but surely there has to be some recourse. I know you hear this all the time but I loved my wife and children so very much, these accusations are not true, and there has to be a way to defend myself.

well it's been three long months of fear and torment since my wife filed the restraining order that tore our family apart. As bad as things have been, with lots of help from good freinds and family, I didn't succumb to my grief, but rose above, fought for my kids future and secured a 50/50 parenting plan.

    So I guess this post has two purposes.

First of all, to all parents everywhere who love and cherish their children, HEAR MY VOICE!! YOU CAN WIN! My wife pulled out all the stops trying to seperate me from our children. You can't fall prey to the urge to hurt them back. keep your eyes on the goal, your childrens future, with you in it. Keep your nose clean and your eyes open. I expended every resource available, to the point of ruining my own life. In the end though, it was worth every tear, every nightmare, every failed hope. DO NOT EVER GIVE UP! YOU CAN DO IT!

Second, and ultimately least important, I failed at every single selfish item I tried to accomplish. While everyone and their brother now knows that I never abused my wife, it is too late to remove the finding of abuse. It hurts like you wouldn't even believe. Going through this process though, I found that in the end, being innocent is almost good enough. Now I'm not saying that if you're being accused of abuse you didn't commit, that you should roll over and take it. I am saying that the people that love and care about you won't believe it, no matter how much you fear it. DO NOT SUCCUMB TO FEAR! Your children, like mine depend on that strength in your character that made you a good husband,wife,father, or mother. FIGHT FOR THEM! You need to forget the personal bovine poo-poo that created the situation, and concentrate on whats really important. THE KIDS.

This screen name is the same for yahoo messenger, so if there is anyone out there who thinks they can't do it, thinks they can't possibly win, write to me. I stop by this site everyday, usually more than once. My messenger is on all day long. I can't say I'll have all the answers, but I have a couple. Even if you just need to vent, which believe me, you need to do a LOT!!! It's safer than doing something dumb that your kids might regret!!

So here in NH things are starting to look a little brighter. It was a long cold, dark winter. I still miss my wife. I still wish she would come home. I wish she had talked to me about how she had felt. I wish there was some way to fix what has happened to my family.

But I can't make those wishes come true.

All I can do is be Dad.

And wish.

STAY STRONG. YOUR CHILDREN NEED YOU!!


"Out of the darkness that covers me, black as pit from pole to pole, I thank whatever gods may be for my inconquerable soul."~invictus

I did post to Soc the same day and got very usefuls responses to my questions. It is unfortunate that my attorney seems to have been asleep at the wheel and let several critical things go by at the final hearing.

I however, WAS paying attention, and have been able to compile a list of the lies my wife told while on the stand. Also, one of her former freinds has come forward with information and the offer to testify to the fact that my wife HAD THIS PLANNED ALL SUMMER!!!

I file for reconsideration tomorrow morning. I am also filing a petition for contempt, since the temporary orders received at the dvp hearing granted me split holidays with the kids. I haven't seen or heard from them all weekend, so she's already slipping up.

I have to tell you though, this SUCKS!! I've never been accused of something I hadn't done, and this is so absolutely outrageous in it's intent, and the way she did it. I'm very discouraged. I have all kinds of evidence and witnesses, but according to Soc, it's all for nothing if I can't get another hearing.

My wife is apparently a very horrible person, and I was the last person to recognize it. Nobody in a position of authority seems to want to hear about all the good things I did for her, or our kids. They only seem to be interested in the bad.

This course of action is forcing me down a road I don't really want to travel. Its forcing me to rip apart, what up until recently, I thought was my dream come true. It's forcing me to learn things NOBODY should ever have to hear about someone they love.

In the end, there really won't be any winning for anybody. My poor kids are now suffering under a mother who doesn't care for them. My wife is destroying the only family that she has ever known.

And then there is me. Alone. And I AM A GOD PERSON. THIS ISN'T FAIR!

but noone seems to want to hear that. I'm supposed to get angry and fight. I'm supposed to pull a miracle out of thin air and set everything right again. I'm supposed to get mean and show the entire world what kind of person my wife really is.

but that isn't how I feel. I am crying now as I write this post. I am so very tired. My heart hurts so bad, that I wish it would all just go away. I wish I hadn't woken up in this nightmare. I WAS HAPPY! My kids were safe. What did I do wrong? I just want to fix it. Somebody PLEASE HELP ME.

The one thing I can promise you is that Iwill post to this forum as often as I can. That way someday when this is all over, maybe somebody else can learn from this awful, AWFUL mess. I am a good husband, and I am an AWESOME dad. This will be my story.

It was supposed to be a fairy tale...

My name is Eric and I live in the state of new hampshire. I am married with two small children, both of whom i had with my wife. I had filed for a fault divorce july of this year. Four days later my wife convinced me to let her back into our home by signing over custody of the children to me. This November I withdrew my petition for divorce.

Less than two weeks later, my wife left for her parents in vermont, taking the children with her, convinced her parents of domestic violence, and returned to check herself into a battered womens shelter. She filed a domestic violence petition, and a petition for divorce.

 I have since attempted to fight the dvp, and somehow failed. My wife brought no evidence, and testified at the dvp final hearing that our marriage counselour both witnessed bruises and advised her to file the dvp. She also implicated my son's teacher trying to claim I abused my children physically.

Since the final hearing I have interviewed both the marriage counselour, and the principal of my son's school, both of whom are prepared to come to court with me to deny my wife's allegations.

 I am afraid it is too late to defend myself. I have exhausted my financial assets and now am forced to find a pro bono lawyer for the remainder or go it alone. I am terribly afraid. Please help me. I have a list of twenty direct witnesses, and still more to interview. I am so totally ignorant of this type of situation, I really don't know what to do.

My divorce/custody is also in NH. My wife has filed false claims of domestic violence that i was unable to defeat. Temporary hearing is this thursday and i have been filing motions with bcsc since the beginning to have an emergency appointment of a gal, to look into the kids living conditions, which i have proof is horrible. I am actually looking forward to the appointment of the gal since there will finally be someone involved who is looking out for the kids best intersts, and not sided one way or the other. Any advice out there from someone who has been through this already? My attorney is extremely competent, but unfortunately is also extremely busy. It sounds weak, but i could really use someone experienced to hold my hand through this difficult time.