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Protective Order

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twisterdude1009

New member
Back Story
Im not your typical case. My fiance when she gets prego goes crazy in her 3rd trimester and postpartum. We are both legal residence of NC. My son who has autism and is delayed got into a hard to get into pre k to help his needs. The problem is his sleeping pattern is off wack bad like he would stay up to 11pm and then get up at 630am and be tired all day. The main problem is he was sleeping with us and our 18 months old and not only did he wake up his mom and she was not getting enough sleep but neither was he. Also, she did not want him out of the bed but said it was time so I set up his room. Also this prego was unexpected because she was on the shot and we did not find out till 30 weeks. He past pregnancy the mental issues were brought up and she was put on stuff to help both pre-birth and after. Also, she went from smoking a pack a day to vaping 6mg nic to both of us vaping 0mg nic. Im fine with 0mg nic I have been vaping for 3 years and vape 0-3mg nic. With our daughter, the day she went into labor almost 2 weeks early her mother was coming down and they were gonna take her and disappear because she thought I was gonna take off with our daughter and not out son. She has psychosis to a degree I think.
Main Issue
To the issue at hand. we had a minor argument the night before and I ended up staying up to let her sleep and get out son on the bus and pass out. I set my alarm for 3 pm but don't get up till 5 and freak out. I go open the door and see they are outside playing I preheat the oven for my son's dinner and get the chicken out for our dinner. I go use the bathroom and fill up my vape and I hear the door slam shut.
All of his toys are in the garage so when it's not so hot we have the garage door open and the door from the house into the garage open.
Neither lock due to both being broken since we moved in. Well, what happens is it causes a gust and slams the front door. It slammed it so hard I did not think I could get it open but I do. She is freaking out yelling I locked her out and I asked her to come inside and she flips out on me because I won't let our son go back out and he needs to be in bed by 8. and stabs me with the knife I'm about to use on the kitchen well more like slices me on the arm 8 times (no I will not press charges or use that as it is due to her pregnancy)
she runs to the neighbors and disappears with the kids for almost 20 days and then I get served a protection order from WV.
Question
She made an error on the first page on the main form it states I her name request an emergency protection order pursuant to WV code 28-27-403 for check all that apply me checkbox, my minor children also named checkbox, etc. Nothing is checked. So it's like the protection order against me is from no one. Not print error I have the hard copy.
Also where she had to list the children and their current address plus the addresses for the past 5 years unless they lived at the current residence in WV, she left the past 5 years blank.
We both received aid EBT and State medical through the state for the past almost 4 years. While I went through school and recovered from a serious injury.
Would this be enough to have it thrown out, should I use it to throw it out or wait till after the hearing because I'm sure the evidence I have can show what really happened and in no way, any domestic violence has happened.
Extra

We have been together for almost 7 years and have 3 soon to be 4 kids and she is in no fault here and
I don't want to go to war I want our family to come together which I know will happen if we start talking. Right now I don't think its due to the order more so to the fact she has no way to contact me.
I grow up in fear of my father beating on my mother and me with everything from bats to belts and making us cower in closets. No way in hell would I repeat that ordeal. I do have enough proof to go file charges but I will not against her. She is also the most amazing mom and women when she is not pregnant. Even Pregnant she takes it out on everyone but the kids.
 
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Shadowbunny

Queen of the Not-Rights
You say you're both legal residents of NC, but she filed for the PO in West Virginia -- why is that?
 

HRZ

Senior Member
I think your language and attitude may turn off most people to your plight.

I think you are ill advised to not report her knife attacks to police....her next attack might be against one of the kids!

If you want to set strict bedtime and outside playtime rules....so be it...of course Mom might chose to unwind same ...

I see the point of kids out of parents bed...so do it ...just remember mom could move to other bedroom too.

I gather one has a legal right to smoke up a storm..my mom was 2 packs a day..and did quit cold turkey....wonder where the money comes for her habit ?

IF you both are legal residents of NC and this RO is out of WV I strongly suggest you use counsel and contest jurisdiction and you keep your yap shut .
 

twisterdude1009

New member
You say you're both legal residents of NC, but she filed for the PO in West Virginia -- why is that?
She went to stay with here mother.
HRZ could you explain by what do you mean language and attitude?
We have almost 7 years of a happy loving relationship and the only dark marks on were during her pregnancy.
I cant afford counsel, Im currently just getting back on my feet after a bad injury and looking for work.
Im the only one she takes it out on during this. I have never even once seen her yell at the kids much less hit or hurt even during her pregnancy.
 

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