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-   -   Thread watched False accusations of Domestic Violence is turning my life upside down. (http://www.legaljunkies.com/showthread.php?t=86730)

tryinghard1 05-11-2018 05:14 PM

Thread watched False accusations of Domestic Violence is turning my life upside down.
 
What is the name of your state? California

My wife and I have a 2 year old child together and we have been having issues for too long. We talked about divorce multiple times and her statement was basically because once divorced she is not planning on staying in the USA and wanted to go back home (over seas) and knows the laws of this country wont just let her take our child with her she said she will give me full custody and leave.

3 weeks ago she gets into a car accident where both cards get totaled and she gets bruised around her arm, we take her to ER and they put an IV for almost 2 hours to give her fluids and valum.

Once week later we get into argument and then she leaves the house, take our child for a stroll and 6 hours later I hear from here that she is in the EH because of chest pain, the nurse noticed the IV bruise on her arm and other bruises and insists on it being from abuse. And she calls the cops.

When the cops come they corner and pressure her into saying something along the lines of my husband (maybe) grabbed my hand.
She then starts playing the role of a victim and agree on them taking her and my child to some shelter to stay there. I go to jail, get bailed out and the next day get served with EPO. Now that the EPO expired I hear from her friends that she has found a divorce lawyer and filing for a restraining order.

My court date for the criminal case is in 1.5 months and the preliminary charge is A felony 273.5 it is not yet officially charged by the DA office.

I have a criminal lawyer but not a family one yet since there is no court hearing for the RO yet or divorce filed.

I have not seen my daughter in 3 weeks and I have no idea where my wifes whereabouts. I think whoever she is with are filling on her what to do and clouding her mind. She might also found an opportunity to get me in trouble thinking this might give her full custody of out child and be able to leave the country and go back home.

I have not touched her that day or any other day since we got married. The police was never called to our residence and I have never been in any trouble my whole life. The only encounter with police I had was when I got my only speedy ticket 7 years ago. I have relatives and friends that could test to me character.

I am devastated as this might change my life completely, in my line of work any conviction that could show up on my background check when changing jobs is a deal breaker, which means either staying in my job (in a highly volatile market) or not get convicted.

I keep reading and hearting that this system sides with women 100% and always agains the man.

I am really looking for any hope telling me that there is justice in this country and that if I did not touch her I would be proven innocent.

Any advice, help, support, encouragement is highly appreciated as this last 3 weeks has taken a toll on my work, health and life.

AFFA 05-11-2018 07:17 PM

Re: Thread watched False accusations of Domestic Violence is turning my life upside d
 
I wish to inform you that you may first collect and place before the Court all evidence which supports your point of view. This may include character certificates from friends, relatives, social workers and counselors. You may also obtain a copy of the police report about the car accident and the hospital report to show that the bruises are on account of the accident and not domestic violence. You may inform the court that this is a ploy of your spouse to go with the child abroad after divorce. The court will consider all the facts and decide the matter. You may contact your attorney and seek further guidance in the matter.

AFF

Lexus 05-14-2018 06:40 AM

Re: Thread watched False accusations of Domestic Violence is turning my life upside d
 
In this regard you should engage an expert family lawyer to represent you for the hearing. During the examination the attorney can convince the court regarding the truth. As there was no actual abuse your wife could not establish the alleged abuse.

tryinghard1 05-15-2018 03:01 PM

Re: Thread watched False accusations of Domestic Violence is turning my life upside d
 
Quote:

Originally Posted by Lexus (Post 371858)
In this regard you should engage an expert family lawyer to represent you for the hearing. During the examination the attorney can convince the court regarding the truth. As there was no actual abuse your wife could not establish the alleged abuse.

Thank you very much for your response. I have been checking this thread every single day looking for an advice or relief.

I am at a point where I have not sen my daughter in 2.5 weeks. I don't know where my wifes whereabouts and her family back home are not answering their calls.
I talked to family lawyers and they all told me that they can file for custody and visitation rights but they all say that there is no way to serve her since I dont know where she is. Can I have the police or sheriff office serve her?

Lexus 05-16-2018 09:53 AM

Re: Thread watched False accusations of Domestic Violence is turning my life upside d
 
You can serve her at the last known address and you can avail service of Police or Sheriff to serve her.

tryinghard1 05-16-2018 08:52 PM

Re: Thread watched False accusations of Domestic Violence is turning my life upside d
 
Quote:

Originally Posted by Lexus (Post 371916)
You can serve her at the last known address and you can avail service of Police or Sheriff to serve her.

Thanks you. Yes, seems like the sheriff office is my last bet.


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