xAH got arrested..now what to do..

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Old 04-10-2016, 11:42 AM
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xAH got arrested..now what to do..

Some of you may have seen my previous posts on here in regards to my x alcoholic abusive husband and our custody dispute. Well, i have a protective order against him that covers me in my daughter. Daughter in the sense that he is to have no contact with her outside of the rules within the order. Visitation got suspended in December and since then hes been basically harassing the daycare showing up whenever he feels like it to go see her. Well, I had had enough of his strange and erratic behavior. He then drove by me as i was walking to my car..slowly..gave me a menacing look/nod and drove off. Then his mom texted me that he had seen me and where was our daughter. Well i dont take her to work, so thats a stupid question.

I called the police and he got arrested on two counts of violating the protective order. Originally he was held without bond and spent two days in the jail. The DA fought hard to have him held without bond, but to no avail the judge let him out until his trial date (there are 2 separate ones) and refused to address the issue of my daughter.

His family came to the rescue, paid his bond, testified to his great character in court bla bla.

So now, i have 3 court dates within one week coming up in a month. Custody and now these two. I am once again at the mercy of judges who have consistently let him get away with everything. I am torn further apart from his family who already hated me, and I have no idea what the judge will decide on as far as custody is concerned. My depression and anxiety is getting worse. I know nothing about his life, if he is sober or he isnt (although based upon his behavior i would assume not), but he is no longer being monitored. I am scared to death. I keep asking God, why is this my life? How could i let this happen? I love my daughter so much i am willing to do anything for her including suffer through court date after court date and get beaten down consistently to try to hold on to her. But mentally I feel like I am drowning, and if something doesnt change, i am going to lose every bit of myself in this.
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Old 04-10-2016, 11:54 AM
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OK, breathe. It's gonna be OK.

Are you working with an advocate? If not, get hooked up with one through the DA's Office or your local women's shelter. If you've already got an advocate, this is the time to lean on her. Let her know what you're worried about--she can help you work this through.

Judges do NOT take kindly to people who violate their orders. This seems to be a pretty darned clear violation. He didn't just casually drive down the street when you wouldn't be expected to be there.

The order is ONLY good to the extent you're willing to follow through when he violates it. His family doesn't like you? Tough beans. They don't have to like you. I'd cut off all contact with them if I were you. Don't answer the phone. Don't respond to texts/emails (and block them if you can).

Continue to document EVERYTHING.

Most abusers will "test" the order (and you) to see what they can get away with. Don't give him an inch. The showing up at your daughter's daycare is serious stuff.

And whether he's "sober" or not has nothing to do with this. Many abusers just become more effective when they aren't drinking. Drinking <-->Abuse. Two separate animals (though there is some correlation).
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Old 04-10-2016, 12:20 PM
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Originally Posted by LexieCat View Post
OK, breathe. It's gonna be OK.

Are you working with an advocate? If not, get hooked up with one through the DA's Office or your local women's shelter. If you've already got an advocate, this is the time to lean on her. Let her know what you're worried about--she can help you work this through.

Judges do NOT take kindly to people who violate their orders. This seems to be a pretty darned clear violation. He didn't just casually drive down the street when you wouldn't be expected to be there.

The order is ONLY good to the extent you're willing to follow through when he violates it. His family doesn't like you? Tough beans. They don't have to like you. I'd cut off all contact with them if I were you. Don't answer the phone. Don't respond to texts/emails (and block them if you can).

Continue to document EVERYTHING.

Most abusers will "test" the order (and you) to see what they can get away with. Don't give him an inch. The showing up at your daughter's daycare is serious stuff.

And whether he's "sober" or not has nothing to do with this. Many abusers just become more effective when they aren't drinking. Drinking <-->Abuse. Two separate animals (though there is some correlation).
Thank you! Yes, the advocate I am working with has been great. And so has the DA, two DAs in fact because the violations happened in 2 different places. The judge who set his bail seemed to not care AT ALL about the issue with my daughter and wouldn't even address it. The DAs were furious, one of them has actually tried him for a violation in the past but he was found not guilty so she is especially irritated. They definitely have my back, but now I have to subpoena her daycare workers which is like totally humiliating and I feel like im going to need to take her out of there after this.
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Old 04-10-2016, 12:27 PM
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BB-hugs. Many hugs. You've gotten great advice. Just know I've dealt with this as well. Just stay strong for yourself and kiddo. Document everything so the courts know exactly what type of monster they are dealing with.
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Old 04-10-2016, 12:43 PM
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YOU aren't subpoenaing the daycare workers, the DA is. This sort of thing is less uncommon than you think. YOU have done nothing wrong, nor has your little girl.

The fact that the judge let him remain out on bail doesn't mean that s/he won't find a violation of the order. And I'm not sure what you mean when you say the judge wouldn't "address" the issue of your daughter. Do you mean that you wanted to change the visitation or something? The judge may not have felt it was the appropriate time to do that until the violation had been adjudicated. I think that's debatable--but sometimes things have to proceed in a certain fashion. I wouldn't necessarily assume that the judge thinks that's OK.

One step at a time. Even when someone is found not guilty, there's still value in calling him on every single violation. I know it sucks that you have to be inconvenienced and embarrassed when YOU have done nothing wrong, but hang in there. Only relentless enforcement of the order will get him to stop.
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Old 04-10-2016, 02:05 PM
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Lexie is so right!!! I know you are tired and anxious. Its good that you called. The DA's are on your side, and he keeps pushing the envelope.

While he may have gotten away with more than he should, his day is coming. You must believe that.
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Old 04-10-2016, 04:29 PM
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Originally Posted by LexieCat View Post
YOU aren't subpoenaing the daycare workers, the DA is. This sort of thing is less uncommon than you think. YOU have done nothing wrong, nor has your little girl.

The fact that the judge let him remain out on bail doesn't mean that s/he won't find a violation of the order. And I'm not sure what you mean when you say the judge wouldn't "address" the issue of your daughter. Do you mean that you wanted to change the visitation or something? The judge may not have felt it was the appropriate time to do that until the violation had been adjudicated. I think that's debatable--but sometimes things have to proceed in a certain fashion. I wouldn't necessarily assume that the judge thinks that's OK.

One step at a time. Even when someone is found not guilty, there's still value in calling him on every single violation. I know it sucks that you have to be inconvenienced and embarrassed when YOU have done nothing wrong, but hang in there. Only relentless enforcement of the order will get him to stop.
You're absolutely right. And what you have said is very similar to what the DA and the advocates have told me. They are taking care of the legal process. I am counting on the daycare to tell the truth which I imagine they will and luckily the judge we have is extremely familiar with our case. Not the judge that decided on bond, which apparently was like a filler judge.

My daughter drew a picture today of me and my boyfriend and her and her daddy all together. She hasn't seen her dad in 6 months. But she remembers him, and it just killed me. Things like this rip us further apart. But I know I have to do it, and I am only responsible for my actions. But even so, in some weird way, it hurts to do.
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Old 04-10-2016, 07:26 PM
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OK, well, if I sound like the DA, it's because that used to be my job. :-) I do know a bit about how these things work. And the judge who determines bail often DOESN'T have the full picture. I'm glad your case will be going to the judge who is familiar with your case.

You're protecting your daughter, so don't take it on yourself that you're somehow tearing the family apart. It isn't you who's doing it.

Hugs, hang in there--you can do this! And I'm sure the daycare will be more than happy to get him to knock it off. It puts them in a terrible position.
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Old 04-10-2016, 08:15 PM
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Originally Posted by LexieCat View Post
OK, well, if I sound like the DA, it's because that used to be my job. :-) I do know a bit about how these things work. And the judge who determines bail often DOESN'T have the full picture. I'm glad your case will be going to the judge who is familiar with your case.

You're protecting your daughter, so don't take it on yourself that you're somehow tearing the family apart. It isn't you who's doing it.

Hugs, hang in there--you can do this! And I'm sure the daycare will be more than happy to get him to knock it off. It puts them in a terrible position.
I was going to say, she sounds like she may be a DA! Haha. Good to hear, and that is what I have heard which is why she didnt want to discuss the issue of the child because she didnt have all the facts. He is on a tight rope though has to check into a probation/bond center once a week for drug/alcohol screening and such which is a good thing. All I can really do is wait, pray, be thankful I have police, the DA, friends, family and all that in my corner to help me out. It is scary for ONE person to ultimately make the decision though-especially for someone who wants to control everything like me!!
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Old 04-11-2016, 10:03 AM
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Originally Posted by bluebird418 View Post
. But mentally I feel like I am drowning, and if something doesnt change, i am going to lose every bit of myself in this.
I know this whole thing must be exhausting and overwhelming, but trust that you won't lose yourself in this. If anything, this is how you will find your Self. Your true self. You will learn that you are stronger and smarter and tougher than you ever thought you could be (or perhaps were allowed to be?)
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Old 04-11-2016, 10:12 AM
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((bluebird))

hate you are going thru such a difficult time but to give you encouragement, please think about your daughter ~
think about that she will not always be this little girl
she will be a young lady one day
a young lady that will be dating

Today you are giving the example that it is NOT ok for someone who is suppose to care about you to stalk, abuse, mistreat or manipulate you. You are showing her to have dignity and self-respect. That if it's not healthy - walk away - if it's dangerous - RUN away.

what a beautiful, loving gift to give your daughter.

pink hugs!
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Old 04-11-2016, 10:23 AM
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^ agreed, miss pink. What great words of support and BB, what a great gift to your daughter!
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Old 04-11-2016, 05:01 PM
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Originally Posted by MsPINKAcres View Post
((bluebird))

hate you are going thru such a difficult time but to give you encouragement, please think about your daughter ~
think about that she will not always be this little girl
she will be a young lady one day
a young lady that will be dating

Today you are giving the example that it is NOT ok for someone who is suppose to care about you to stalk, abuse, mistreat or manipulate you. You are showing her to have dignity and self-respect. That if it's not healthy - walk away - if it's dangerous - RUN away.

what a beautiful, loving gift to give your daughter.

pink hugs!
Thank you! I hope she learns that from me. But whats scary is ultimately right now I am thinking of her immediate safety.. I am almost afraid to think of her future because the present is so unstable and uncertain.
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