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Restraining Order

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greeneyesca

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What is the name of your state? AZ.
I left my wife a week ago & moved to AZ & I'm living with my parents. My wife has filed a Restraining Order aganist my parents & myself. We are supposed to be going to court on 8-6-03 but i have wrote to the courts in NM (my wife lives in NM) & have asked them for a hearing over the telephone, as my Mother works & so do i. My wife keeps calling me & is sending me e-mails, I've told her many times that i am not to have any contact with her. We have a 2 yr. old daughter & i don't want to lose any of my rights to her. What can i do? My wife aready tried to get the Restraining Order dropped but at the moment she can't. If i don't show up what happens? If neither my wife or myself show up for court will the Restraining Order automically be dropped? I am confused at the moment & I just need some space. Also, my wife is under a doctor's care & is currently on Prozac. Will that also go against me, cause i left her & she has some medical problems?? I didn't tell my wife that i was leaving as she would've tried to stop me & the town that we lived in is a very small town & her family has been there for generations, they know the law enforcement people very well & my wife has an uncle that is a sherriff as well. I didn't stand a chance. I love my daughter very much & i don't want to lose any rights to her at all!! Help!!!
 


abezon

Senior Member
1. Get an attorney. You need one in a nasty custody battle/divorce.

2. Did she file for the RO in AZ or your old state? How does that state have jurisdiction over you? To get a R.O., she has to show that you & your parents are a future danger. If you left & moved to another state, that's awfully hard to show.

3. Print out all the emails & make a log of calls to show that judge that all contact has been intitiated by HER. You'll probably need to send the exhibits to the judge before the hearing.

4. Do not skip the hearing. Never skip a hearing unless the judge tells you you can.
 
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greeneyesca

Guest
Thanks alot for the information. I think that my wife & I are going to try & make this marriage work but, she is moving over here to AZ to live with me. I know that we will never stand a chance at all in NM!! Her parents (family in general) would always be butting in. Also, my wife is a "Daddy's" girl & if she doesn't get her way with me then she runs to Daddy!! I'm not too sure if i still love my wife (but like my Mom did with my natural father, they had split up but after 6 weeks she went back to him to make sure that she wasn't making a mistake,) i feel sorta like i should also do that but i don't know if i can really pull it off! I mean I love my daughter very much & it hurts like crazy that I'm not able to see her or talk with her! I will be 25 in Sept. & i got married almost 3 yrs. ago but my wife & I have been together since she was 16, (she's now 21.) I feel like i still have some things that i want to do as a single guy but i'm still confused as all get out!
We are going to be doing the hearing by telephone. As for where she filed the R O, it was in NM. I live approx. 7-8 hours away from her right now. The thing is if we are going to get back together should i still send all of those copies of the e-mails that she has sent to my Mom's e-mail address? I don't want to make things worse between us but i'm not really sure if i can wholly trust my wife yet!
Still confused!! :confused:
 
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