my husband and i have been recently going through a divorce, unfortunatly he assaulted me in my home infront of my two children he was drunk. he was arrested and let out on bail with conditions that he was not to contact me in anyway. i applied for a non molestation order and an occupation order, things have since calmed down he is living with his mum and has signed the house over to me i am having anxiety attacks about the injunction for when he gets served the papers, can i change my mind and stop the injunction? please help me.
2007-05-20 00:49:57 · 10 answers · asked by foxy 1 in Politics & Government ➔ Law & Ethics
What jurisdiction are you in? The usual answer is 'yes,' but the mechanism will be very location-specific. In many places, these orders are issued without the abused spouse asking for it, but in others, you have some control. It does not sound like you have an attorney, but if you do, it is his/her job to stop the service of the injunction. Otherwise, contact the court and request that the injunction be vacated. I would suggest telling H that the injunction was issued and that you're having it cancelled.
Now I want you to pull back and take deep cleansing breaths. Are you anxious because you fear that when he receives the injunction, he will come over and beat you up? Is that any reason to remove your legal protection?
Do you have a support system? Who's watching your back while this splendid example of masculinity licks his wounds at mommy's house? Don't be in a hurry to get yourself and your kids hurt. Is he going to AA? Has his sponsor spoken with you? Are you going to Al-Anon? Are you doing this out of love or out of fear, and don't you deserve better than to be afraid for yourself and your little ones?
2007-05-20 01:00:53 · answer #1 · answered by Anonymous · 2⤊ 1⤋
We live right next door to each other and a few days ago I was coming upstairs, she saw me and stopped, I had to brush past her, the following day she did the same thing, at this point I had enough and asked her if she was too fat or something. She ran after me and started hitting me, I had my car keys and threw them at her in self defence. I told her to leave me alone otherwise the police will take seriously this time, she replied ' What are you talking about? I just came to ask why you brushed past me! You're mad, I didn't even see you!' That was the point at which you lost the upper ground. She has every right to make the allegation and apply for an injunction but so do you. You need to take legal advise or apologise and then ignore this woman no matter what. I think it's gone beyond mediation. A permanent solution is move.
2016-05-21 23:34:37 · answer #2 · answered by ? 3 · 0⤊ 0⤋
if you are having anxiety attacks about what he will do when he is served your husband obviously has anger problems and its probably a good idea for the injunctions to stay. As a divorce survivor I know that a divorce is an emotional roller coaster and there is times when you think things are well but then the simpliest things can make it all nasty again just hang in there and do whatever is safest for you and the kids no matter how he may react those orders are there to protect you and if the juge felt there was no need in them he wouldnt have granted them. Good Luck. And sorry about what you are going through.
2007-05-20 01:02:04 · answer #3 · answered by Crystal B 4 · 0⤊ 0⤋
The point of the injunction is to stop him coming near you .
If you stop the injunction he can come around your house any time causing trouble and the police are powerless to do anything about it unless they actually witness him hitting you or otherwise breaking the law .
Leave the injunction in place , tell your husband the police done it automatically and it's his fault not yours .
If he comes around he can be arrested immediately just for being near your house so you don't have to wait for him to hit you again .
Police for their part have little interest in the injunction so if you let him come around to talk they are unlikely to take any action (however your lawyer won't like this)
All an injunction does is simplify matters for the police .
If you call them they will arrive and arrest your husband without question and without fear they cannot justify the arrest .
Your own fear of his reaction to the papers makes me think you should very definitely leave the injunction in place .
2007-05-20 01:10:28 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Put the safety of yourself and your children first. You will have some difficult times ahead with regards to contact with the children, an injunction may be an important safety net.
2007-05-20 11:33:59 · answer #5 · answered by angrymammal 3 · 0⤊ 0⤋
You let him cool for a few years if you are smart and then rethink it.
If you are afraid, maybe thats why YOU GOT THE INJUNCTION?!!!!!
you might want to be out of town when he gets the papers.
2007-05-20 01:04:48 · answer #6 · answered by FOA 6 · 0⤊ 0⤋
Yes, you can stop the injunction, but would it be in your best interests to do so. He might resort to violence again and call to the house.
2007-05-20 02:52:46 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Ask the lawyer who drew up the papers for you. Surely that's obvious.
2007-05-20 00:55:55 · answer #8 · answered by Anonymous · 0⤊ 0⤋
You can withdraw or stop.Compromise settlement under a lawyer is the best.
2007-05-23 21:47:56 · answer #9 · answered by leowin1948 7 · 0⤊ 0⤋
yes you can stop it, but you will have to pay the costs, i would just let your lawyer know, they will help you further,all the best
2007-05-20 00:59:50 · answer #10 · answered by Anonymous · 0⤊ 0⤋