I filed for divorce in August 07 and there has been one provisional hearing which occurred on October 29, 2007. During the hearing, I raised concerns over the safety and welfare of our son (2 yoa) and based on what I said, the judge appointed a Guardian Alitum. The judge ordered that we would continue staying in the same house and this has had its up and downs.
After the hearing my lawyer told me to start a journal and to watch out because my wife would probably try anything since I raised the issues that I had. I started the journal and it is very detailed (since I'm very detailed-oriented).
We live in Indiana, but I'm originally from PA. Another order of the judge was that we would split the Thanksgiving holiday and a week after the hearing I told my wife that I planned on taking our son to PA the weekend after Thanksgiving. The weeks prior to Thanksgiving, she alluded to the fact that I was taking him to PA, but the Tuesday prior related that I wasn't taking him. On Thanksgiving Day, she had him from 11:00 AM - 8:30 PM so I don't see where the split; however, that isn't what this post is about...
I again tried to take him home two weeks after Thanksgiving as I was going to go hunting in PA, but she related again that I wasn't taking him. The excuse was that he had to practice for an upcoming play at his daycare...come on, he is 2. She also related that since I was taking him to PA after Christmas that I didn't need to take him on this trip. I didn't press the issue and went to PA again without my son.
As Christmas was approaching I was waiting for her to once again prevent me from taking my son to PA and as is becoming the history, this occurred on 22 December...4 days before we were supposed to leave. She even emailed an "official" disapproval with some lame excuses on why she didn't want me taking him. I ignored the email and she sent it again on Christmas Day and I again ignored it.
On 26 December we woke up a little before 10:00 AM. I lied to her about using two pieces of photo paper and she began yelling and cursing at me. In addition to our son, my wife has two daughters (11 & 10 yoa). Upon seeing where this situation was going, I started packing my son's clothes so that we could get out of there. She kept entering his room where I was packing and yelling at me...telling me that I better have my cell phone with me because I would be getting a call to come back from PA. I ignored her and continued packing.
I know this is a long story already so I will get to the point. My wife self-inflicted herself and claimed that I had battered her. We were on the landing in our foyer and she yelled down to her daughters to call 911. I asked her why she was calling 911 and she then yelled, "Let go of my arm!!!"...definitely loud enough for her daughters to hear. At no time did I even touch her and never have. The daughters only "heard" her yell this, but weren't in view of us so I know they didn't see anything and if they were, there was nothing to see anyway.
I went downstairs to hear my youngest step-daughter say in to the phone, "My step-father just grabbed my mother's arm". As my wife was walking towards me, I told her that I hadn't touched her and she related that, "It doesn't matter, you're going to jail this time."
She then took the children out in to the garage and pulled our van out in to the driveway. I immediately called my mother as what she was doing would not only affect my custody of my son, but also my career as I am a 19 year veteran of the Air Force and possess a Top Secret DoD clearance in both my military and civilian careers. She had threatened to not only get custody of our son, but also threatened my careers in August '07.
She repeatedly entered and exited the house to get items (computer, binder, jacket, etc...) as I was talking to my mother and at one point said, "Look what you did to me" and I had to look as I had no idea. Seeing where she was pointing, she had scratched herself (starting at the left jawline and down the side of her neck). I said, "I didn't do that, you did that to yourself!" and she replied, "Who are they going to believe?", laughed and then continued up the stairs. My mother also heard her say this through the phone.
After providing some history to the deputy and explaining what had happened, I was arrested for Felony Domestic Battery and spent the longest 29 hours of my life in the county jail. I haven't seen nor heard from my son since the incident and definitely feel that I'm "guilty until proven innocent".
There is a protection order against me which includes my son and his daycare; however, my wife told the daycare that I was authorized to see my son and even pick him though the order shows it as off-limits. I contacted the daycare to make payment for my son's slot and this is why I know this. The Director of the daycare related that she was never directly contacted by my wife, but was told this by our son's primary caregivers. I faxed the order to the director so she would have a copy. Both her and I believe that my wife was trying to set me up to get arrested again.
Of course everyone is believing my wife's story (well at least her family), but it is totally a vindictive move to make me look like a bad person and I'm in fear for not only my son, but my careers.
I do have a lawyer for the criminal case and am in between lawyers for the divorce and as of now it appears that I may be able to see my son on Wednesdays from 6:00 PM - 8:00 PM and then every other weekend from Friday at 6:00PM - Sunday at 6:00 PM though this has not occurred yet.
Additionally, my wife is supposed to start 3 weeks of training out of town and I have asked that I be able to have my son while she is out of town. At this point, I am not sure if this is going to happen or not?
I have learned that my wife has claimed some additional injuries (other than the sratch she showed me)...something about her wrist and her shoulder (though I don't know which since I didn't touch her).
I asked a second deputy that had arrived at the scene to scrape my fingernails and he related, "What good would that do?" I replied, it would show that I didn't scratch my wife (as this was the only injury I was aware of at the time).
Finally...my question. Are there experts out there that could determine that the scratches on my wife's face/neck were not caused by me?
I have no doubt that my wife suffers from manic depression and possibly bipolar disorder though it hasn't been diagnosed (because she lives in denial). There is a family history (her dad is manic depressive and her oldest daughter is currently taking Prozac for anxiety/depression)
After the hearing my lawyer told me to start a journal and to watch out because my wife would probably try anything since I raised the issues that I had. I started the journal and it is very detailed (since I'm very detailed-oriented).
We live in Indiana, but I'm originally from PA. Another order of the judge was that we would split the Thanksgiving holiday and a week after the hearing I told my wife that I planned on taking our son to PA the weekend after Thanksgiving. The weeks prior to Thanksgiving, she alluded to the fact that I was taking him to PA, but the Tuesday prior related that I wasn't taking him. On Thanksgiving Day, she had him from 11:00 AM - 8:30 PM so I don't see where the split; however, that isn't what this post is about...
I again tried to take him home two weeks after Thanksgiving as I was going to go hunting in PA, but she related again that I wasn't taking him. The excuse was that he had to practice for an upcoming play at his daycare...come on, he is 2. She also related that since I was taking him to PA after Christmas that I didn't need to take him on this trip. I didn't press the issue and went to PA again without my son.
As Christmas was approaching I was waiting for her to once again prevent me from taking my son to PA and as is becoming the history, this occurred on 22 December...4 days before we were supposed to leave. She even emailed an "official" disapproval with some lame excuses on why she didn't want me taking him. I ignored the email and she sent it again on Christmas Day and I again ignored it.
On 26 December we woke up a little before 10:00 AM. I lied to her about using two pieces of photo paper and she began yelling and cursing at me. In addition to our son, my wife has two daughters (11 & 10 yoa). Upon seeing where this situation was going, I started packing my son's clothes so that we could get out of there. She kept entering his room where I was packing and yelling at me...telling me that I better have my cell phone with me because I would be getting a call to come back from PA. I ignored her and continued packing.
I know this is a long story already so I will get to the point. My wife self-inflicted herself and claimed that I had battered her. We were on the landing in our foyer and she yelled down to her daughters to call 911. I asked her why she was calling 911 and she then yelled, "Let go of my arm!!!"...definitely loud enough for her daughters to hear. At no time did I even touch her and never have. The daughters only "heard" her yell this, but weren't in view of us so I know they didn't see anything and if they were, there was nothing to see anyway.
I went downstairs to hear my youngest step-daughter say in to the phone, "My step-father just grabbed my mother's arm". As my wife was walking towards me, I told her that I hadn't touched her and she related that, "It doesn't matter, you're going to jail this time."
She then took the children out in to the garage and pulled our van out in to the driveway. I immediately called my mother as what she was doing would not only affect my custody of my son, but also my career as I am a 19 year veteran of the Air Force and possess a Top Secret DoD clearance in both my military and civilian careers. She had threatened to not only get custody of our son, but also threatened my careers in August '07.
She repeatedly entered and exited the house to get items (computer, binder, jacket, etc...) as I was talking to my mother and at one point said, "Look what you did to me" and I had to look as I had no idea. Seeing where she was pointing, she had scratched herself (starting at the left jawline and down the side of her neck). I said, "I didn't do that, you did that to yourself!" and she replied, "Who are they going to believe?", laughed and then continued up the stairs. My mother also heard her say this through the phone.
After providing some history to the deputy and explaining what had happened, I was arrested for Felony Domestic Battery and spent the longest 29 hours of my life in the county jail. I haven't seen nor heard from my son since the incident and definitely feel that I'm "guilty until proven innocent".
There is a protection order against me which includes my son and his daycare; however, my wife told the daycare that I was authorized to see my son and even pick him though the order shows it as off-limits. I contacted the daycare to make payment for my son's slot and this is why I know this. The Director of the daycare related that she was never directly contacted by my wife, but was told this by our son's primary caregivers. I faxed the order to the director so she would have a copy. Both her and I believe that my wife was trying to set me up to get arrested again.
Of course everyone is believing my wife's story (well at least her family), but it is totally a vindictive move to make me look like a bad person and I'm in fear for not only my son, but my careers.
I do have a lawyer for the criminal case and am in between lawyers for the divorce and as of now it appears that I may be able to see my son on Wednesdays from 6:00 PM - 8:00 PM and then every other weekend from Friday at 6:00PM - Sunday at 6:00 PM though this has not occurred yet.
Additionally, my wife is supposed to start 3 weeks of training out of town and I have asked that I be able to have my son while she is out of town. At this point, I am not sure if this is going to happen or not?
I have learned that my wife has claimed some additional injuries (other than the sratch she showed me)...something about her wrist and her shoulder (though I don't know which since I didn't touch her).
I asked a second deputy that had arrived at the scene to scrape my fingernails and he related, "What good would that do?" I replied, it would show that I didn't scratch my wife (as this was the only injury I was aware of at the time).
Finally...my question. Are there experts out there that could determine that the scratches on my wife's face/neck were not caused by me?
I have no doubt that my wife suffers from manic depression and possibly bipolar disorder though it hasn't been diagnosed (because she lives in denial). There is a family history (her dad is manic depressive and her oldest daughter is currently taking Prozac for anxiety/depression)