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A Story about Anti-Father Bias in DV Restraining Order Proceedings

December 19th, 2008 by Glenn Sacks, MA for Fathers & Families

A story from a reader about a restraining order proceeding against her husband:

My husband's ex kept a "log" of all the times he allegedly drove around her house harassing her and the kids.  She brought her "log" to court in an effort to get a restraining order.

She got on the stand and under oath testified to about 3 dates (with exact times) when my husband supposedly drove around her house. His attorney cross examined her and she said repeatedly she was absolutely positive about the dates and times.

Turns out one of the dates my husband and I and my little girl were on vacation in Missouri (we live over 600 miles from there). We had hotel receipts and a notarized letter from the hotel manager that we were there for a day before and two days after the date she was "absolutely positive" my husband was driving around her house.

The second date was worse for her. At the time she claimed he was driving around her house we were in a meeting with his lawyer in a neighboring city. She was shot down flat on two of her absolutely sure dates from her "log."

The judge did not charge her with perjury. He still gave her a 30 day restraining order against my husband.  His lawyer thought that was a victory for my husband because most judges give at least a 1 year restraining order when an ex-wife requests one.

I thought it was a travesty of justice and I still do.

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Help for Colorado Dads
As someone who has personally experienced the heartbreak of divorce and family breakup, Brett W. Martin, Esq. works to advance the interests and concerns of fathers in domestic and family law litigation. Personal attention is given to clients to help them through a very difficult time in their lives. www.brettwmartin.com

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