Esanders2008
Regular Member
I was indeed sitting in the passenger seat. My involvement was limited to pulling my wife away, and trying to roll up the window.
Thanks for the advice. I'm going to see how this pans out. If there is a 72 hour protective order (ERO?) does this automatically become a longer one or does there have to be a hearing?
B. When a law-enforcement officer or an alleged victim asserts under oath to a judge or magistrate that such person is being or has been subjected to an act of violence, force, or threat and on that assertion or other evidence the judge or magistrate finds that (i) there is probable danger of a further such act being committed by the respondent against the alleged victim or (ii) a petition or warrant for the arrest of the respondent has been issued for any criminal offense resulting from the commission of an act of violence, force, or threat, the judge or magistrate shall issue an ex parte emergency protective order imposing one or more of the following conditions on the respondent: ....
C. An emergency protective order issued pursuant to this section shall expire at 11:59 p.m. on the third day following issuance. If the expiration occurs on a day that the court is not in session, the emergency protective order shall be extended until 11:59 p.m. on the next day that the court which issued the order is in session. The respondent may at any time file a motion with the court requesting a hearing to dissolve or modify the order. The hearing on the motion shall be given precedence on the docket of the court.
F. The issuance of an emergency protective order shall not be considered evidence of any wrongdoing by the respondent.
"Family or household member" means (i) the person's spouse, whether or not he or she resides in the same home with the person, (ii) the person's former spouse, whether or not he or she resides in the same home with the person, (iii) the person's parents, stepparents, children, stepchildren, brothers, sisters, half-brothers, half-sisters, grandparents and grandchildren, regardless of whether such persons reside in the same home with the person, (iv) the person's mother-in-law, father-in-law, sons-in-law, daughters-in-law, brothers-in-law and sisters-in-law who reside in the same home with the person, (v) any individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time, or (vi) any individual who cohabits or who, within the previous 12 months, cohabited with the person, and any children of either of them then residing in the same home with the person.
I agree with Bob1. Why didn't you report this assault on your wife? I'm not married but I've been with the same woman 10 years (so basically) and if my mother tried to choke her I'd kick her ass and have her locked up. This violent behavior isn't something that just happens first time someone gets mad. Choking someone is essentially an attempt to kill. I'm going to take an educate guess and say your mom abused you as well. This is what you get for not dealing properly with it. Don't be surprised if your inability to protect your wife ends up in divorce. Don't take this the wrong way, but aren't you carrying to protect her?
And I talked to a couple of attorneys. They want $1000 for a "simple" case and more if it is more complex
Is that 72 hours from service or from when the magistrate or judge says "here's the order"
$1000 just to create the contract and to sign it. Complications and additional charges henceforth...
My philosophy, once you hire a lawyer, you've lost.
Ask an attorney. They will explain that an order begins when the judge signs it.
It appears to be appropriate to publically declare that I am growing tired of your fawning pleas for legal information coupled with your almost absolute refusal to spend money that you say you have but have earmarked for other purposes. You claim that both you and your wife put your RKBA as the first order of business but you are consistently saying you are willing to roll the dice to see if she will come under a permanent protective order.
If it takes repeated pointing out of these facts about making the decision to spend money on an attorney as opposed to whatever you are saving up cash for the coming birth of your child, I will take on that chore. Willingly.
Based on our few face-to-face contacts I can honestly say I like you. But that is open to reevaluation if you continue the line of behavior and posting you have been exhibiting. I don't know, or really care, if that means anything to you.
stay safe.
Under Virginia law? Yes.
Esanders
TROs go before a judge for a full-on hearing of the merits. Get yourself an attorney.
Forget aout one who is 2A-friendly, or even knows what 2A means. Your wife needs an attorney who specializes in domestic relations. The meanest junkyard dog of a divorce lawyer you two can find.
You know, we know, and the judge will probably know that the restraining order is retaliatory, but the judge will not care because issuing it will C his A in case anything goes wrong. ("See. I did everything I could to prevent this senseless murder.")
Not that your wife is likely to kill your mother, but it's happened between other folks' wives and those other folks' mothers.
If a hearing is scheduled before you retain an attorney, suck up the restrictions and ask for a continuance. Your wife would have better luck defending herself against criminal charges than defending herself on domestic relations issues.
stay safe.
My philosophy: sometimes hiring an attorney is infinately wiser than trying to represent yourself in an area where you have no knowledge or understanding. Or when the law hamstrings your ability to present an appropriate defense.
If you are telling Esanders to forego legal representation, I wonder if you are prepared to cover the costs of your advice resulting in a highly negative outcome?
stay safe.
Bite the hand that feeds you much? The owners of OCDO are both attorneys and give us much more than that for which we pay.Most lawyers aren't worth spit. They charge exorbitant fees, to file papers and write letters. Once in the courtroom it's all about the judge. People are best served in working out issues amongst themselves and to avoid lawyers and the courts.
Wow. Just wow. First, we immediately went and filed a police report and swore out a warrant for my mom's arrest. Secondly, are you really asking me to shoot my mother?! (Even if it had been someone else, I couldn't have taken the shot, as my brother was right behind her trying to drag her off my wife.) Third, my wife and I have talked about the situation and she doesn't fault me at all. Please keep all future comments on topic.
ETA: Just because I carry a hammer, doesn't mean every problem is a nail. You have to weigh to decisions. I could pay $1000 for an attorney to clear this up, or I could spend A LOT of money defending myself on homicide charges. We were able to get away, and my wife only sustained superficial cuts ands bruises.
Bite the hand that feeds you much? The owners of OCDO are both attorneys and give us much more than that for which we pay.
Also, it is against Forum Rules to insult/attack anyone based on their occupation:
NO PERSONAL ATTACKS: While you may disagree strongly with another poster based upon their opinion, we will NOT tolerate any personal attacks or general bashing of groups of people based upon race, religion, national origin, sex, sexual orientation, gender-identity or choice of occupation (e.g., being a law enforcement officer, in the military, etc).
I know a number of attorneys who have taken cases pro bono, sometimes not even charging for out of pocket expenses. An even greater number have defended at considerably reduced rates.
Bite the hand that feeds you much? The owners of OCDO are both attorneys and give us much more than that for which we pay.
Also, it is against Forum Rules to insult/attack anyone based on their occupation:
NO PERSONAL ATTACKS: While you may disagree strongly with another poster based upon their opinion, we will NOT tolerate any personal attacks or general bashing of groups of people based upon race, religion, national origin, sex, sexual orientation, gender-identity or choice of occupation (e.g., being a law enforcement officer, in the military, etc).
I know a number of attorneys who have taken cases pro bono, sometimes not even charging for out of pocket expenses. An even greater number have defended at considerably reduced rates.
No offense directed at you or the other poster responded to. Certainly some lawyers are outstanding servants to the public good. And some are not so. Perhaps not in your bag of experiences is to have met one that is a glorified "Ambulance Chaser", that abuses the system, promotes fraud and attempts to make victims of those in the blast radius. My brother is an Architect and he went thru the legal system (at cost to himself) as a man/lawyer attempted to sue everybody that put pen to paper, delivered supplies, poured an ounce of concrete, or drove a nail into a board on his not perfect home. Get to know a doctor or two, or talk to yours. Lawyers encourage plaintiffs to go after health service providers, cause they got money or liability insurance such that money is paid to avoid what is called nuisance suits. The legal system is rife with abuse and it's lawyers that drive it.