I wanted to give a brief description on what happened to me in 2006. I would love to hear any suggestions or comments.

I told my husband in August 2006 I was leaving and wanted a divorce. I had a closing date on a house that I was moving in on Sept 28th. In that month, I had been moving things out. On the evening of Sept 24th, we got into another argument because of the Title to a 2003 Chev truck that was in my name. He wanted me to sign it over to him. (Everything was in my name because he had filed bankruptcy prior to our marriage) I told him that I had an appointment the next day with my attorney and I would let him know what was going on. He called 911 said that I was beating him and hurry come quick once he hung the phone up said "I've gotcha now bitch". He left in the vehicle and returned to park across the street in his truck where he sat and waited for the cops. He had scratches on his back that I didn't do and because of this, the cops took me to jail. The next day, the judge made me and my son leave the house and I had to have Richland County present to retrieve some of my things. He had urinated on my furniture and thrown it all in a pile for me to pick up. We requested a jury trial and it was quite obvious to the jurors that he was lieing and I won my case. I am now suing him in small claims court for my attorney fees. I had a court date this past Monday, and because his attorney is suggesting that I am suing for malicious prosecution he wanted the case thrown out. The judge has given us both 15 days to prepare a document to be returned to him.

I have been doing a lot of research and to me, it looks as if I am screwed with no help of anyone. I am the victim here - not him. Where is the justice in him lieing to the cops to have me arrested so he can gain marital profits out of the divorce. I just can't believe that there is no law protecting the innocent throughout a case such as this. I have witnesses - he had none. He is the one with a criminal background and I have never been arrested.

The legal system is just not fair. Basically, this is telling me that it is okay for me to call 911 and lie to have someone arrested because they can pretend to fear for their life and have someone put out of the house. This is exactly what happened and it's just not fair. He got everything he wanted while doing this and the law is just sitting back and allowing this to happen to innocent people.

I do not understand. If you have witnesses how could he have won? I am not challenging you here but trying to get a better understanding at what was witnessed....how did he receive the scratches? Any clue on that? Do you have any documentation anywhere such as a visit to a DV center or maybe to a counselor or therapist seeking help on how to get him out of your house or away from him? The courts pay attention to documents.
I am sorry that you are going threw this. My DV shelter --where I receive counseling--has a in house attorney who helps women in your situation. I'd have to say these attorney's are very smart because these types of issue's are all they deal with. Maybe you could go to a shelter, not to stay, but to see if they can provide extra guidance so you don't lose anymore.
Much respect.
sokie

Thanks for responding.
When I received my Jury trial I had my childs father (my ex-husband) there to testify on my behalf that I have never been aggressive with him. I had friends to testify on my behalf stating that I was not that type of person. I won my Jury trial and was found not guilty....but, he got away with what he did and had me put out of the house the day this occurred. He got exactly what he wanted out of this. When he called 911 he left in his vehicle...when he returned scratches were on his back. I know I was set up. He had a tape recorder trying to tape our conversation and he told the jury that he was listening to christian music and watching the nascar race. He is such a lier! But, he got away with lieing to the cops to begin with and perjury in the court room. They don't care if you commit perjury either, because I was told too many people do it all the time and they don't have enough room in cells for that type of crime. The legal system in my opinion is only out for the criminals!

I use to not believe in the justice system either so now I take my time and turn the laws around to benefit my situation and me. Like you, I can never get back what was taken from me but I can make sure it never happens to me again.
Good luck, sokie

Me2 - just eat your losses. Your legal fees aren't reason enough to stay in any sort of contact with him. I understand wanting to win, to have him eat crow, him to be exposed to the world as a liar, but even more important is disentangling completely from him. Some times you just can't get the result you want, so you have to back away. I personally would love to have my ex forced to be branded on the forehead, but it ain't gonna happen. He told lies in court, too, but to make the whole thing come out the way I wanted it to I would have had to make a really huge case of it. That would have meant MORE time arguing with him, more time in court having to watch him. Wasn't worth it.