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Contesting A Restraining Order

Esanders2008

Regular Member
Joined
Aug 27, 2012
Messages
576
Location
Virginia Beach, VA
A crime against the peace and dignity of the Commonwealth of Virginia was committed. It is the responsibility of the Commonwealth to prosecute the charge.

I am going to guess that up until the issue of witness intimidation was brought to the point it could not be ignored the CA just figured this was a slam-dunk and they did not need to show up. My thoughts about that are not able to be expressed in socially appropriate language.

However, it appears the CA has had at least a momentary relapse of cranial-rectal inversion.

stay safe.

Although this is the case, the trial was yesterday (19th), and no CA was present. I spoke for my wife when it came to examining and cross-examining witnesses. We came well prepared, and the judge found sufficient evidence to find her guilty! However, he has continued proceedings for 6 months, and issued her a no contact order. When my my said that she wanted to get one against us because we "never leave the house without guns," the judge rolled his eyes and told her flat out that she wasn't being granted one. After she became irate, he almost gave her 6mos in jail.

The "best" part was when my mother admitted to saying what she did about hoping Courtney loses the baby, the crowd gasped. The judge also told my mother she was a very poor example of a mother.

All in all, I think this went as best it could. In other news, Courtney and I find out if we are having a boy or a girl today :banana:

Thank you all for all of the input. I don't think I could have done it without some of you (Skid...poke poke)
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
All that work, all those promises, nd the CA is a no-show. Color me disappointed. Regardless, you learned some stuff - part of which was how to stand up on your own. Today (wll, actually yesterday) you are a fountain pen.*

Were your mother's outbursts before or after the judge gave her the biggest present of her life? Withholding disposition on condition of good behavior for 6 months usually gets an expungement of the charges at the end.

Just remember that her "no contact" also means you cannot force her into breaking the barrier of the Forbidden Zone - all meetings with your brother will have to be off-site, and calls to his cell phone as opposed to the "house" number.

stay safe.

* - PM me if you do not understand the Bar Mitzva reference.
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
Esanders, first congratulations on the upcoming birth of what I shall presume is your first child.

To assure the barrister’s guidance is adhered to: ‘provide constructive suggestions’ I am delineating couple of things:

Given(s): (leap of faiths if you will)
a. You and your partner are 23 +/- 5 years old
b. Your mother is a single parent caregiver for your brother
c. The hormonal imbalance within your partner, at the moment, is beyond tremendous, as such you will need the patience of Job to sustain your presence of mind for upwards to 4 weeks after the delivery.

Unknown(s):
a. Age of your brother: <12?; 12-15?; 15-18?; >18?
b. Living in mother’s house?
c. Your relationship with your mother while growing up? ‘Normal?’Adversarial? Turbulent?
d. Whether or not your mother approved of your marriage w/your partner?
e. Who started the verbal confrontation? Your partner or your mother?
f. Why didn't you intervene?

Question(s);
a. Is this aggressive/combative/confrontational behaviour usual for your mother as something you have experienced during your growing up or something new?
1. If new, when did the behaviour first manifest itself? Over the course of a year and halve or within the last 9-6 months?
2. Has the development of the behaviour slowly developed or manifested itself suddenly and is a stark departure from her normal demeanor?

b. If not new, has the aggressive/combative/confrontational behaviour gotten more violent?
1. If the exhibited behaviour has, when did the behaviour get worse ~ over the course of a year and halve or within the last 9-6 months?
2. If the exhibited behaviour has gotten worse suddenly, again 9-6 months?

Action(s):
a. if this behaviour is out of the norm for your mother and the behaviours have been building for about a year plus, then there is a high probability your mother is/has entered menopause and her hormones are probably imbalanced as much as your partner’s. If she hasn't been recently checked by a ‘female’ physician, recommend you gently persuade her to visit for a complete check up so guidance and appropriate medicine be given to mitigate the menopausal symptoms so her life and your brothers life, everyone’s can return to some stage of normalization.

b. If this aggressive/conflict/etc., type behaviour manifested itself recently, say last six months or so, and this intensity is out of the norm from your growing up experience base, e.g., we all get angry but some individuals flash immediately to a 10 on a 1-10 scale. However, if the behaviour is a known trait within the person those exposed to the person’s explosive anger just stand back as they know from previous encounters how intense the reaction is going to be from the person.

if this is not your mother’s case, and she is not being treated for an accidentally head trauma or other jarring type accident, please get your mother into a doctor’s office immediately and advise the attending physician of her 'new' behaviour traits as well as her comment in court as this type of behaviour COULD indicate a neurological event ‘COULD’ have occurred and if left untreated COULD have serious repercussions to her and the entire family.

Please digest this in earnest, taking whatever animosity currently felt for you mother and logically decide if this behaviour is out of the norm, please consider she could be suffering from a medical condition and direct her to her physician. If, as mentioned, the aggressive/confrontational attitude is new, you will need to provide that type of behavioural information to the doctor personally as your mother might not realize she is exhibiting those traits.

i, nor others should, require any further feedback from this but rather something for you to consider.

depending on the age of your brother, you might need to intervene as your mother's anger COULD be a threat to him, either physically or mental child abuse!!

ipse
 
Last edited:

Esanders2008

Regular Member
Joined
Aug 27, 2012
Messages
576
Location
Virginia Beach, VA
Esanders, first congratulations on the upcoming birth of what I shall presume is your first child.

To assure the barrister’s guidance is adhered to: ‘provide constructive suggestions’ I am delineating couple of things:

Given(s): (leap of faiths if you will)
a. You and your partner are 23 +/- 5 years old
b. Your mother is Not a single parent caregiver for your brother (My mother and father live together, but there is no real relationship anymore. This is a very complex situation
c. The hormonal imbalance within your partner, at the moment, is beyond tremendous, as such you will need the patience of Job to sustain your presence of mind for upwards to 4 weeks after the delivery.

Unknown(s):
a. Age of your brother: <12?; 12-15?; 15-18 (17)?; >18?
b. Living in mother’s house?
c. Your relationship with your mother while growing up? ‘Normal?’Adversarial? Turbulent?
d. Whether or not your mother approved of your marriage w/your partner?
e. Who started the verbal confrontation? Your partner or your mother?
f. Why didn't you intervene? I did

Question(s);
a. Is this aggressive/combative/confrontational behaviour usual for your mother as something you have experienced during your growing up or something new?
1. If new, when did the behaviour first manifest itself? Over the course of a year and halve or within the last 9-6 months?
2. Has the development of the behaviour slowly developed or manifested itself suddenly and is a stark departure from her normal demeanor?

b. If not new, has the aggressive/combative/confrontational behaviour gotten more violent?
1. If the exhibited behaviour has, when did the behaviour get worse ~ over the course of a year and halve or within the last 9-6 months? Several years
2. If the exhibited behaviour has gotten worse suddenly, again 9-6 months?

Action(s):
a. if this behaviour is out of the norm for your mother and the behaviours have been building for about a year plus, then there is a high probability your mother is/has entered menopause and her hormones are probably imbalanced as much as your partner’s. If she hasn't been recently checked by a ‘female’ physician, recommend you gently persuade her to visit for a complete check up so guidance and appropriate medicine be given to mitigate the menopausal symptoms so her life and your brothers life, everyone’s can return to some stage of normalization.

b. If this aggressive/conflict/etc., type behaviour manifested itself recently, say last six months or so, and this intensity is out of the norm from your growing up experience base, e.g., we all get angry but some individuals flash immediately to a 10 on a 1-10 scale. However, if the behaviour is a known trait within the person those exposed to the person’s explosive anger just stand back as they know from previous encounters how intense the reaction is going to be from the person.

if this is not your mother’s case, and she is not being treated for an accidentally head trauma or other jarring type accident, please get your mother into a doctor’s office immediately and advise the attending physician of her 'new' behaviour traits as well as her comment in court as this type of behaviour COULD indicate a neurological event ‘COULD’ have occurred and if left untreated COULD have serious repercussions to her and the entire family.

Please digest this in earnest, taking whatever animosity currently felt for you mother and logically decide if this behaviour is out of the norm, please consider she could be suffering from a medical condition and direct her to her physician. If, as mentioned, the aggressive/confrontational attitude is new, you will need to provide that type of behavioural information to the doctor personally as your mother might not realize she is exhibiting those traits.

i, nor others should, require any further feedback from this but rather something for you to consider.

depending on the age of your brother, you might need to intervene as your mother's anger COULD be a threat to him, either physically or mental child abuse!!

ipse
Thank you for the advice. I have bolded some things to indicate the correct answers. Additionally, my mother has previously been on medicines for psychiatric imbalances, but refuses to seek continued help. I believe some things just can't be fixed.
 

Esanders2008

Regular Member
Joined
Aug 27, 2012
Messages
576
Location
Virginia Beach, VA
All that work, all those promises, nd the CA is a no-show. Color me disappointed. Regardless, you learned some stuff - part of which was how to stand up on your own. Today (wll, actually yesterday) you are a fountain pen.*

Were your mother's outbursts before or after the judge gave her the biggest present of her life? Withholding disposition on condition of good behavior for 6 months usually gets an expungement of the charges at the end.

Just remember that her "no contact" also means you cannot force her into breaking the barrier of the Forbidden Zone - all meetings with your brother will have to be off-site, and calls to his cell phone as opposed to the "house" number.

stay safe.

* - PM me if you do not understand the Bar Mitzva reference.

I had to use my google-fu, but I understand the reference (now). The outburst was AFTER. I honestly could not believe it, even though it has happened before. An A&B charge (from my EX-wife...see a pattern here?) was dropped. My mother stormed out of the courtroom and engaged the door with such force that she actually broke it. The bailiff dragged her back before the judge, and he found her guilty of destruction of city property... some people never learn.
 

JoeSparky

Centurion
Joined
Jun 20, 2008
Messages
3,621
Location
Pleasant Grove, Utah, USA
So, does the destruction of city property charge negate her 6 months of good behavior at the 30 second mark?

Don't seem too likely that she'll not have an issue in the next six months! Just my opinion.
 

Esanders2008

Regular Member
Joined
Aug 27, 2012
Messages
576
Location
Virginia Beach, VA
So, does the destruction of city property charge negate her 6 months of good behavior at the 30 second mark?

Don't seem too likely that she'll not have an issue in the next six months! Just my opinion.

That was for a previous charge. But there are other issues at play here, and I think your opinion is most likely correct.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
Well, at least it is over and your stress level can return to normal. Congratulations on being prepared for the CA being a no show. Smart move.
Not quite the case. There are unposted stress factors that will likely remain out of public view.
 
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