Help!

[kkotrous]

What is the name of your state (only U.S. law)? OR

Ex-wife served with a TRO today, saying that I threatened to kill her and ram her car at last exchange (in a restaurant parking lot). I did neither. In fact, I said nothing at all to her except told my son to get in the car (I have primary custody).

My question is this. I have requested a hearing in five business days to refute everything she said. My wife was in the car and can confirm the events as they actually occurred.

My question is this: in order for my wife to testify as to the the actual events as she saw them occur, do I have to file anything to list her as a witness?

Thank you.

 

[kkotrous]

Amendment to previous posting

I should have said she had ME served today.

Thank you.

 

[kkotrous]

Amendment to previous posting

I should have said she had ME served today.

Thank you.

 

[workinggal]

I should have said she had ME served today.

Thank you.

you all need to just get along.....I hope the child dosent get a chance to see his parents behavior, geesh

 

[Banned_Princess]

you have a very good question,

and my free advice is go in with a lawyer, a TRO is serious.

 

[kkotrous]

I never said one word to her. I NEVER do. She got out of the car and was screaming F(*& you. Of course he hears it. Believe me, I'm not too happy about what he hears from her either. She is a raging alcoholic and bipolar.

I didn't really need an admonishment for something I had no part in. Just had a question, but thanks anyway.

 

[Proserpina]

I never said one word to her. I NEVER do. She got out of the car and was screaming F(*& you. Of course he hears it. Believe me, I'm not too happy about what he hears from her either. She is a raging alcoholic and bipolar.

I didn't really need an admonishment for something I had no part in. Just had a question, but thanks anyway.

Your wife unfortunately is not going to be an impartial witness - even if she testifies her account may well be considered biased.

Honestly? Go by yourself, and see what happens. Tell your story without exaggeration or embellishment - she would generally need to have evidence before the TRO is actually ordered.

(and/or speak with an attorney)

 

[reportermom]

I have to disagree with Domatique here. I had to go to court over a TRO and was told by my lawyer that I didn't need any of the four witnesses I had. The judge was not happy that I didn't have any witnesses at all and told my lawyer that it didn't happen my way because I had no one to back up my story.

The judge believed ex's friend's story even though it was filled with lies. Had I had even one biased witness there the judge may have ruled differently. I spent almost a year trying to undo the damage that was done because the attorney thought the judge would just believe me because I was a credible witness.

Take your wife with you and see if you can find an employee that saw what happened and is willing to go with you. You have to prove nothing happened.

 

[janM]

Any chance this restaurant has video cameras in the parking lot?

This is why doing exchanges in a place that has them, or at a police station, is a good idea. Or, have a camcorder with you.

 

[kkotrous]

I will check with the restaurant on cameras. Hopefully they have them.

Am changing exchange point back to police station from this point forward.

Retained an attorney last night, he advises to have my wife testify.

Thank you.

 

[kkotrous]

Additional question

In the TRO is specifically states that I am not to contact her in any fashion (which is fine with me), either individually or through a third party.

However, my son (who I have permanent custody of) is allowed phone visitation with her. If I let my son call her, she will say it was me and report me for violating the TRO. If I don't let him call her, she will file contempt charges for not allowing phone calls.

Any thoughts?

 

[Isis1]

In the TRO is specifically states that I am not to contact her in any fashion (which is fine with me), either individually or through a third party.

However, my son (who I have permanent custody of) is allowed phone visitation with her. If I let my son call her, she will say it was me and report me for violating the TRO. If I don't let him call her, she will file contempt charges for not allowing phone calls.

Any thoughts?

what is the exact wording of the court order pertaining to telephone contact for mom and child?

 

[txmom512]

In the TRO is specifically states that I am not to contact her in any fashion (which is fine with me), either individually or through a third party.

However, my son (who I have permanent custody of) is allowed phone visitation with her. If I let my son call her, she will say it was me and report me for violating the TRO. If I don't let him call her, she will file contempt charges for not allowing phone calls.

Any thoughts?

How old is your son? Get him a Go phone - you can get them for as cheap as $9.99 and cards w/ prepaid minutes.

 

[nextwife]

Check with the restaurant to see if they have security footage from a surveilance camera. Sure eould be nice to disprove her claims with video proof.