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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102349
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My wife has filed a harrassment by communication on my,a

Customer Question

My wife has filed a harrassment by communication on my,a domestic violence charge.I have court today on this with my attorney.. She did this to get me out f the house can I get this thrown out? If so how and what should be my defence?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Also when that didn't get me kicked out she filed a PFA on me.I can't even see my kids
JA: Have you talked to a lawyer yet?
Customer: Alabama
JA: Anything else you think the lawyer should know?
Customer: She says she has bruise on her wrist,she trying to use that on this DV but it harrasment by communication. Originally the police came out talk to both of us and left with no other incidents.w days later she filed the DV
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

If the Court approves of the restraining order, then you will be asked to leave the property, I am afraid. Or rather, you will be restrained from coming near her, which by implication would require you to leave.

Defenses can vary, but the two defenses that work best are (1) denial, or, (2) if this actually happened, then it happened in self-defense and she instigated the violence - someone in your situation was simply attempting to protect themselves with reasonable force given the circumstances. Listen to your attorney, as they no doubt are experienced and will know what to say to minimize the liability.

Even if there is a restraining order, someone in your situation can always request custody/visitation schedule from the court if the restraining order is for a long time.

Good luck.

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