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Restraining Order

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1 Restraining Order on Wed Feb 13, 2013 5:35 pm

RaulTeston


Arresto Menor
My wife accidentally saw my private messages in Facebook (Inbox). Conversation with my cousin talking about girls and sex. Wife also took screenshots of the said messages and printed it together with other pictures of me with different girl friends. Group pictures and solo (me and a girl friend) pictures.

1. Can she use that to file a case? What case?

2. Is that enough for her to file a restraining order against me? She mentioned that when filed, I can no longer see her and our 3 year old boy plus I can no longer visit their house.

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2 Re: Restraining Order on Wed Feb 13, 2013 7:51 pm

attyLLL


moderator
imo, those messages cannot be used as evidence because they were acquired through a violation of your right to privacy of communication.

there will be no restraining order, but you can be charged with emotional violence under vawc.


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3 Re: Restraining Order on Wed Feb 13, 2013 10:47 pm

RaulTeston


Arresto Menor
attyLLL wrote:imo, those messages cannot be used as evidence because they were acquired through a violation of your right to privacy of communication.

there will be no restraining order, but you can be charged with emotional violence under vawc.


Republic Act No. 9262 (VAWC)
SECTION 3.
C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children.


My questions is, how can she charge me with emotional violence if she cannot use the said evidence? And what can she use against me if she will go for emotional violence?

Thank you for answering my questions. Honestly I did not do anything, its just plain conversation and pictures with friends that can even vouch for me if things get nasty. Currently, she used that to kick me in their house. Our own house is currently being built that's why we are living with her parents.

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4 Re: Restraining Order on Fri Feb 15, 2013 5:40 pm

attyLLL


moderator
mental infidelity

that's a misprint. the original copy signed into law states 'marital infidelity'

it's hard to prove, and that's her burden.

hope you can fix your relationship. if it was all innocent, maybe she can talk to the other woman so she can be reassured. good luck.


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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5 Re: Restraining Order on Sat Feb 16, 2013 12:29 am

RaulTeston


Arresto Menor
attyLLL wrote:
mental infidelity

that's a misprint. the original copy signed into law states 'marital infidelity'

it's hard to prove, and that's her burden.

hope you can fix your relationship. if it was all innocent, maybe she can talk to the other woman so she can be reassured. good luck.


Thank you very much. She said she obtained the contact details of the different girls she included on the folder. I'm not sure if its true or not but what the F. Again, thank you sir.

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6 Re: Restraining Order Today at 4:10 pm

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