Actually a chance?

[Dumbhubby]

What is the name of your state? NJ
Wife filed temp restraining order. False allegations were nothing physical. Since order has been in place I have not attempted to contact her in anyway. But she has attempted to contact me many times, which includes 3 voice mails and many documented missed calls on my cell verifying her number. Voice mails were 1) asking me if I wanted her to go back 2) hows our son doing 3) suggesting I really dont care about her---since Im not picking up phone or trying to contact.
I have a pvt attorney.
Im reading some prior threads here and actually read that the courts do nothing when when women break an order they filed.
She actually has a chance here?

 

[LdiJ]

What is the name of your state? NJ
Wife filed temp restraining order. False allegations were nothing physical. Since order has been in place I have not attempted to contact her in anyway. But she has attempted to contact me many times, which includes 3 voice mails and many documented missed calls on my cell verifying her number. Voice mails were 1) asking me if I wanted her to go back 2) hows our son doing 3) suggesting I really dont care about her---since Im not picking up phone or trying to contact.
I have a pvt attorney.
Im reading some prior threads here and actually read that the courts do nothing when when women break an order they filed.
She actually has a chance here?

I believe that she is allowed to contact you regarding your mutual child. At least that seems to often be the case with restraining orders between parents.

 

[Just Blue]

What is the name of your state? NJ
Wife filed temp restraining order. False allegations were nothing physical. Since order has been in place I have not attempted to contact her in anyway. But she has attempted to contact me many times, which includes 3 voice mails and many documented missed calls on my cell verifying her number. Voice mails were 1) asking me if I wanted her to go back 2) hows our son doing 3) suggesting I really dont care about her---since Im not picking up phone or trying to contact.
I have a pvt attorney.
Im reading some prior threads here and actually read that the courts do nothing when when women break an order they filed.
She actually has a chance here?

A chance for what? She isn't "breaking the order" ...She isn't prohibited from contact, YOU ARE. BUT since you have recordings of her contacting you, bring them to your next hearing to show her lack of fear. She most likely won't get a permanent RO based on her contact of you.

 

[Just Blue]

I believe that she is allowed to contact you regarding your mutual child. At least that seems to often be the case with restraining orders between parents.

That is not always the case and if it is there would be verbiage in the order to that affect. She can contact him about anything she wants as SHE doesn't have a RO against her.

 

[Dumbhubby]

1st off thanks for your responses. I know I've been a complete ass with no excuse and didnt expect much.
This is something I really cant grasp. I cant understand why she would be allowed to contact me when I am not even allowed to answer the phone "hello" when she calls.
Anyway I have the messages/phone logs saved on my cell. In these cases will the judge be given the cell phone while in the chair and listen? Or is it something like "we have proof with this phone....plantiff do you wish to admitt it" and if she does then not required to e listened by judge, if not then the judge will take the phone?
Everything is such a big mess. I know she did this because she knew I would go through a legal process if she took off with our son. So a RO is supposed to make everything so dandy for her- so she thinks.

 

[TinkerBelleLuvr]

What has your attorney said to validate the calls?

In my county, we aren't even allowed to bring the cell phone into the courthouse, so doing what you said would NOT work. I imagine it would have to be transcribed. Obviously, phone records showing the calls can be submitted as evidence.

 

[Dumbhubby]

What has your attorney said to validate the calls?

In my county, we aren't even allowed to bring the cell phone into the courthouse, so doing what you said would NOT work. I imagine it would have to be transcribed. Obviously, phone records showing the calls can be submitted as evidence.

good question. I just texted him asking that. I do have last months cell phone bill which shows
about 8 of the calls to me-one week after order. But the voice mails....looks like I will have to wait 'till lawyer gets back to me.
We just got done with 2nd child custody hearing,in which I was granted primary, so we didnt get this far yet.

 

[peppier]

Have you taken into consideration that she is trying to make you break the order? I've known women who have done that, so beware.

My ex DIL tried every trick around, including emergency-type calls to get my son to break the order. He wasn't that stupid though.

 

[TinkerBelleLuvr]

FYI unless you answer the calls, they do NOT register on your phone bill. It will show up as a missed call but unless you answer the phone, it will not show the individuals number. Trust me on that one.

That's the mistake my X made - he 'claimed' that I wouldn't answer his calls, but he'd leave no message. Since I didn't have caller-ID at home, I didn't know he called. He 'claimed' that he would PROVE how I never answer my calls. We asked for phone records

The OP can, if allowed, enter his phone as evidence that would show the missed calls.

 

[SingleAZdad]

Missed Calls

I took pictures of the Missed Call log on my cell phone as well as the home phone using a digital camera. Pasted those images into a document and printed them up for court. Well over 100 missed calls that I was able to document. Attorney asked her on the stand if she had been calling me and she replied NO, then he brought out the call logs I prepared. She changed her story on the stand.

 

[SingleAZdad]

The calls started up immediately after she had me arrested. I refused to have any direct contact with her and followed the letter of the temporary order. This went on for days and days and days. I'm sure that I didn't even document all of the calls. There were just way too many.

 

[Dumbhubby]

More BS from this DV nonsense

What is the name of your state? NJ
Not only are the ridiculous allegations false but I have so much evidence to prove that she contacted me during TRO. She has no defense. This is the latest...
Latest contact was past Sunday evening leaving me voicemail in tears stating she wants to come back home, and that she called the courthouse on Friday to drop TRO. Then she calls my mother yesterday(mother staying with me helping me temporarily since I have PM custody of son) saying that I do not have to show up to today's hearing since she dropped the order.
Well Im not a lawyer but, least in most cases I believe, but that is something like that simply can not be done over the phone. Plus my lawyer advised me to go.
Well I waited for other cases for an hr and half until my case....and what do ya know..she is NOT there, and the judge had no choice other then reschedule another one 3 weeks from today, since normal protocol is 2nd no show is automatic drop. Judge also stated she did not contact court in any way
Unbelievable! Obviously trying to get me to break order. And unbelievable she gets a 2nd chance!

Question: has anyone heard/witnessed someone being prosecuted for making false allegations on TROs? Person does sign at the bottom where it says prosecution is possible(or is that just jibberish?)Can I request at the hearing, or is it completely a different process and shouldnt even bother thinking about it? I mean this is so wrong ABUSING the process the way she is.