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    marinewife1969's Avatar
    marinewife1969 Posts: 2, Reputation: 1
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    #1

    Apr 18, 2012, 09:32 AM
    Domestic Violence Restraining Order
    I filed for and obtained a domestic violence restraining order against my husband after nearly a year of physical and other types of abuse. The judge awarded the DV order for one year, gave me possession of the family vehicle and awarded me temporary alimony in the amount of $1,000 -- the amount my husband received in BAH in the military. He still owed me $555.00 from months earlier has refused to pay either amount.
    How do I get him to pay me? It's been almost a month since the judge issued the order. Also, he refused to pay the rent and I have been unable to work steady since the abuse began. Do I have any legal recourse I am able to take to get him to follow the court order?
    Can he go back to the family court judge and have the order reversed since he did not appear in court for the hearing?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Apr 18, 2012, 09:33 AM
    In the US? You go back to Court and file to hold him in contempt of a Court Order. I realize the Order was issued a month ago. When was he served with his copy?

    He can always try to re-open an Order but if he was notified and failed to appear he has little chance of being successful.
    marinewife1969's Avatar
    marinewife1969 Posts: 2, Reputation: 1
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    #3

    Apr 19, 2012, 07:47 AM
    Hi Judy Thanks so much. Yes he was served notice and his acting commanding officer stated that he told the court my husband would not be able to appear because of a medical issue. He did not ask that a continuance be given due to this medical issue either, which surprised me)..
    I picked up my copy of the final order (giving me the restraining order for one year) and was told that he would have to pick up his copy or it would be sent to the legal office at the base. But according to his unit, it has not been served or mailed to him nor has he gone to pick up a copy.
    Is it my responsibility or that of the court (or his) to ensure he gets the copy? Since he claims to have not received it, am I unable to hold him in contempt of court?
    Also, the military unit called me and wants me to drop the civilian restraining so as not to "further damage his career" and cause him "unnecessary stress" in exchange for signing a paper that gives our family vehicle back to him and he'll "agree" to pay me the back spousal support he owes me.
    I refused which infuriated the commanding officer.

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