My wife filed a false inj for me supposedly putting my hands on her neck and threatening to beat her ass. It was a lie, totally false and she went to court and made the statement "I've known this man 25 years he never has harmful to me in any way." We are separated and on Xmas day she got irate for no real reason and while she was picking up our daughter I tried to get outside to calm her down while she tried to force her way into my Mothers home. As tried to block her, I was saying just calm down this is the 1st xmas our little girl will remember, you don't have to run in and snatch her. She yelled help and her Dad and male family members entered followed by her. My Mother was getting my daughters coat on inside and 3 men ran in her house grabbing her arm and taunting me. My wife left w/baby, they followed and my Mother called police because of them entering unlawfully and doing what they did. The police had us write our statements while one officer went to in-laws to question them. Apparently my wife had a mark from rubbing against the brick wall from trying to squeeze between me and the wall to get the door open. I was arrested. She then filed another Inj. in front of the same judge 1 month after 1st one. Up until then I watched my child as a stay at home Dad every day for the last 2 1/2 yrs. I had a lawyer that had spoke to her, she planned to drop everything. She stayed at my house several days the week prior to court, but then got angry over unrelated issues and went through with it. She never proved anything, she said I was a good Dad, didn't really give any description of violence, admitted flip flopping and moving forward because of an unrelated issue. Her attorney brought drug use into it knowing I was arrested and completed rehab 5 yrs ago. I was ordered supervised visits at a center for an hr a week, my wife has yet to allow 1 to be set up. A 4 year injunction was granted! My lawyer says he still believes we will beat criminal case. Which to me seems unlikely after this decision. Is it likely? If I won would it be a good time to appeal inj? I have to go to status review of sorts to see if I completed court ordered evaluation, and got a blood test for drugs the same day as when I was given sentence. The blood test was impossible to accomplish because of leaving court too late in the day, the expense of a blood test can run into the thousands and my wife cancelled my insurance and flex card the same day. I found out the next day the judge was to vague in the order for any lab to follow it and it also required a Dr's referral. I tried to go above and beyond her order and have 3 urine tests throughout the month, all of which passed. When I go back into court to report complying with the order except for having 3 UA's instead of 1 blood test that was impossible to have am I likely to have my daughter back w/o the limitations set? I have never struck a woman, child or even a dog in my life. This was a total shock, I thought she was proven to be spiteful and flaky, yet it was granted. Oh and she also had a pending charge for hitting her Mother a cpl months ago, which goes in front of the same judge ant St Att. I will face for arrest. That case should of been resolved by now, her Mother tried to drop charges but the state refused. I don't know if it was dismissed or not yet. Shouldn't it be a pretty big advantage for me either way? I plan to fire my attorney if he can't change "supervised visits" when we for go back for my visitation review or whatever it's called and using a Pub.Defender for arrest. I spoke to a PD before hiring a private and I think the free one seems just as confident. I get a call from my 3yr old about every other day saying how bad she wants to come to daddy's. I miss her so much, I feel like my life has been ripped apart because of my wife being bratty and having her family pressure her w/threats of cutting off financial support which they are supplying for custody issues w/her ex and my stepson. I can't believe this happened to me, my wife knows I haven't and would never hit a female even though she has and would hit me. HELP. I know its complicated and messy, but what can I do besides wait for a divorce judgement? She says she doesn't want a divorce, I have the papers but haven't filed yet. I do plan on it, she's gone too far to hope for our family to be back together. Advice?
Ok... How likely is it to reverse an injunction? For relevant factors see above.
Ok... How likely is it to reverse an injunction? For relevant factors see above.