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Author Topic: Restraining order against me, any ideas?  (Read 519 times)
naguma
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What is your sexual orientation: Straight
Who in your life has "personality" issues: Ex-romantic partner
Posts: 61


« on: August 20, 2015, 05:07:26 PM »

ExBPD just hit me with a temporary restraining order, court date soon to make it permanent. In it she claims a lot of straight lies. Biggest on the list is s night she violently attacked me. In the restraining order she says I attacked her that night. Complete reversal if truth.

side note: 99% sure her mother is npd and my exBPD is currently serving as a flying monkey.

What I currently have or have planned.

Photo copies of her journal from when we first went out. She states "how can I love him so much and want to beat every inch of his skin".

I scheduled a polygraph for myself next week($400 grr)

A recorded conversation where she admits being violent many times.

A record of a conversation with her sister that directly conflicts with something my exBPD said in the statement.

Other things I am toying with but no idea how to handle.

She stated we broke up 1 year 8 months ago, but it was only 6 months ago. Uhaul and rental records for the apartment back this up. She said I have been driving by her house stalking her, last week I drove by twice while putting up lost signs for our cat that escaped from her place - I can get the girl from FedEx to sign something saying I was in there to print those out.

Any new ideas? Anything I need to make these admissible in court?

Should I bend way over and kiss my a** goodbye because BPDs are such great liars? If so I might just skip the court date and just move.

She's doing this to smear my name  more and she is asking for more property. (Section on restraining order says what property that I am holding that is hers)
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ForeverDad
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Gender: Male
What is your sexual orientation: Straight
Who in your life has "personality" issues: Ex-romantic partner
Relationship status: separated 2005 then divorced
Posts: 18644


You can't reason with the Voice of Unreason...


« Reply #1 on: August 21, 2015, 10:18:24 AM »

ExBPD just hit me with a temporary restraining order, court date soon to make it permanent. In it she claims a lot of straight lies... .

In her world-view she has to make you look worse than her.  The projection/transference is sadly so predictable.

Should I bend way over and kiss my a** goodbye because BPDs are such great liars? If so I might just skip the court date and just move.

She's doing this to smear my name more and she is asking for more property.

No, you don't walk away.  You can't.  She's accused you of violence, DV.  If you don't contest it and court it with the Facts and your firm Denial, then what if she takes the credibility of such an order and tries to get some sort of criminal case against you?  You can't risk it getting worse.

Inaction isn't avoiding doing something.  Inaction is a choice.  I'm sure you're speaking from frustration, shock and whatever.

You do have documentation, use it well.  Some may have little legal effect on the case.  For example, her recorded saying she could be violent may be considered immaterial to her claim that you were aggressive and abusive.  Her contemplations don't prove she was the aggressive and abusive one.  However, it is needed anyway, it can help weaken her claims.

If you can prove enough of her claims and details are outright false then the rest of her claims can be viewed as less credible and suspect.  For example, her claiming the time since the break-up was 3 times longer than it really was is a reflection on how black she has painted you, it skewed her sense of time.  If that is

Frankly, I too had TPOs leveled against me in the early days of my separation.  It got me so peeved but I had to stay calm.  My lawyer even turned to me one time and said that if the civil court judge decided I could be impacted for up to 5 years.  Since we shared a child, that was scary.  Since I also had a divorce case over in family court, I did make a deal but it firmly limited the damage... .son was removed from the TPO... .parenting was to be handled over in family court instead... .father did not admit to any of the claims... .there was no 'finding' (of guilt)... .the parties would stay away from each other... .the agreement would end before the end of the year... .the order could not be extended.

She is trying to put you on the defense.  Walking away would possibly encourage her and enable her to continue.  I don't know if you can get it dismissed, probably so, but at the least try to shift the case from having you as a flaming red target to one of mutual 'stay away'.

One aspect of your legal argument could be that what she's complaining about is, by her own account, long ago.  Whether it is 'actionable' or not, I don't know.  Most courts don't want to delve into older or legally 'stale' issues, typically limiting older claims only for establishing a historical pattern. If you haven't had any contact for 6 months then all the judge might rule on is whether your presence on her street was threatening and triggered the court action?  So definitely do prove that what you were doing on the street was (1) incidental while posting lost pet flyers (2) not threatening and (2) not directed at her.

BTW It would be smart to avoid passing her residence from now on, whether the temp order continues or not.  Clearly you trigger her, better to not make yourself a more convenient target.
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ForeverDad
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Gender: Male
What is your sexual orientation: Straight
Who in your life has "personality" issues: Ex-romantic partner
Relationship status: separated 2005 then divorced
Posts: 18644


You can't reason with the Voice of Unreason...


« Reply #2 on: August 21, 2015, 11:51:41 AM »

You had a relationship for a decade, this was not some relatively short relationship and she soon concluded you were a bad apple.  And it's not like she couldn't have left years earlier.  (Be aware she could counter claim that you are 'controlling' and she didn't feel safe to leave?)

Be sure the court knows it was you that ended the relationship.  And assure the court that you will not resume the relationship.  (They aren't going to go out of their way to keep rescuing revolving-door litigants.)

Also, it may be helpful to document to the court that she is under long term psychiatric care.  It may not mean much but it may give credibility to your defense that her seeing you on the street is just an overreaction on her part.

Another question... .has she filed court actions against other people?  If that is a pattern, then that too can be part of your defense, that she is litigation-prone.
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