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Any recourse for bogus domestic violence petition?

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wherrald

Junior Member
What is the name of your state? WV

My wife has had me served with a domestic violence petition. In it it states that earlier this year I was institutionalized for trying to commit suicide. I was in the hospital but had nothing to do with suicide. I went to the hospital today and got a copy of my records to prove that. It also states that Im an alcoholic. I am an alcoholic, I will always be an alcoholic, Im also a very active attendee of AA. I go to 5 to 6 meetings a week and I am in daily contact with my sponsor. IM also in a tratment program to teach me how to better deal with my alcohol triggers. It fails to mention any of that. Just says Im an alcoholic, I wasnt aware that was a crime. It also states that throughout our 8 year marriage (anniversary is today) I have been physically abusive. Early in the marriage I was physically abusive, as was she. Ive taken the appropriate steps to learn to control my anger and not be physcally abusive when angry. It has been at least 3 years since I laid a hand on her in anger. She cant say the same, she has abused me in the past few months (punched me in the face) She also stated that I was now suicidal. Italked to my psychiatrist today about this and he stated and will testify that Ive not shown one suicidal tendency since ive been in his care.


The entire order is either fabricated or exagerated. The problem I have with this is she has taken my 3 year old son and hidden him from me. This order prevents me from any contact with him or her. There is a hearing but it is a week away. I went to the magistrate and disputed the order, they said they grant every complaint even if there is no proof. They also said I could have done the same thing. MAde up a story and taken my son.

My question is, is there any legal recourse to filing a complaint of this nature?What is the name of your state?
 


wherrald

Junior Member
steps

I need to add that I am working my steps in AA openly and honestly. It is very hard to ask god to removed all of my resentments right now, but im doing it, with sincereity because i know its important to my sobriety. I would also like to know how long this will stay on my record, ive never had a criminal record and preferred to keep it that way
 

LdiJ

Senior Member
What is the name of your state? WV

My wife has had me served with a domestic violence petition. In it it states that earlier this year I was institutionalized for trying to commit suicide. I was in the hospital but had nothing to do with suicide. I went to the hospital today and got a copy of my records to prove that. It also states that Im an alcoholic. I am an alcoholic, I will always be an alcoholic, Im also a very active attendee of AA. I go to 5 to 6 meetings a week and I am in daily contact with my sponsor. IM also in a tratment program to teach me how to better deal with my alcohol triggers. It fails to mention any of that. Just says Im an alcoholic, I wasnt aware that was a crime. It also states that throughout our 8 year marriage (anniversary is today) I have been physically abusive. Early in the marriage I was physically abusive, as was she. Ive taken the appropriate steps to learn to control my anger and not be physcally abusive when angry. It has been at least 3 years since I laid a hand on her in anger. She cant say the same, she has abused me in the past few months (punched me in the face) She also stated that I was now suicidal. Italked to my psychiatrist today about this and he stated and will testify that Ive not shown one suicidal tendency since ive been in his care.


The entire order is either fabricated or exagerated. The problem I have with this is she has taken my 3 year old son and hidden him from me. This order prevents me from any contact with him or her. There is a hearing but it is a week away. I went to the magistrate and disputed the order, they said they grant every complaint even if there is no proof. They also said I could have done the same thing. MAde up a story and taken my son.

My question is, is there any legal recourse to filing a complaint of this nature?What is the name of your state?
Your recourse is to show up at the hearing with your evidence and to dispute the restraining/protective order.
 

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