CrossHairs
Registered Users (C)
She and/or Her lawyer can totally screw things up for you. Get yourself a family attorney AND an immigration attorney. Serious stuff.
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Order Of Protection And Naturalization
- Thread starter manny39
- Start date
puneet_it,
I agree with every one who has given you recommendations - DO NOT UNDERESTIMATE THE SITUATION - get yourself a divorce lawyer.
If your wife is serious about trying to make this work, then she should move back in with you and drop her attorney and the charges against you immediately (tomorrow). Why wait until Wednesday? Also remember divorce attorney/lawyers don't want to lose business and will try and drag this out as much as they can as they bill by the hour. Her attorney will continue to encourage her to take precaution against you and keep the case open... and IMHO as long as divorce lawyers are involved the focus is not on trying to make things work but on figuring out how best to break-up a marriage.
Also, IMO as long as you haven't been arrested it wont impact your citizenship application - got to remember that during divorce both sides usually make allegations against each other in order to get sympathy from the judge and push the other side into compromise. As long as charges are not accepted by you or proven against you, all the charges are basically allegations and not facts.
I agree with every one who has given you recommendations - DO NOT UNDERESTIMATE THE SITUATION - get yourself a divorce lawyer.
If your wife is serious about trying to make this work, then she should move back in with you and drop her attorney and the charges against you immediately (tomorrow). Why wait until Wednesday? Also remember divorce attorney/lawyers don't want to lose business and will try and drag this out as much as they can as they bill by the hour. Her attorney will continue to encourage her to take precaution against you and keep the case open... and IMHO as long as divorce lawyers are involved the focus is not on trying to make things work but on figuring out how best to break-up a marriage.
Also, IMO as long as you haven't been arrested it wont impact your citizenship application - got to remember that during divorce both sides usually make allegations against each other in order to get sympathy from the judge and push the other side into compromise. As long as charges are not accepted by you or proven against you, all the charges are basically allegations and not facts.
puneet_it,
I also don't want to make you feel bad, but often families incite fights and push for break-ups... so just because families are involved its not a guarantee that everyone is working in the interest of making things work out.
BTW, make sure you spend a lot of time with your child/children - you want to project yourself as a family man who cares and wants to keep things together.
I also don't want to make you feel bad, but often families incite fights and push for break-ups... so just because families are involved its not a guarantee that everyone is working in the interest of making things work out.
BTW, make sure you spend a lot of time with your child/children - you want to project yourself as a family man who cares and wants to keep things together.
Is what she saying true? But 911 was called several times. obviously once this starts things will not work out. I see that you are Indian - culture wise we sort it out amicably and stay in marriage but don't call out 911 several times over arguements. It is not going to work out. Why stay in constant bickering for rest of your life and be bitter.
All,
Thank you so very much for all the advise. I am deeply moved. Well today we have definitely resolved all the issues. We are moving forward with the counseling and she will move back in the house tomorrow with our child.
Also her lawyer is trying to avoid her for last 2 days. Tomorrow we both will go to the lawyer's office and try and get this revoked. If he does not let us know by 10am then we will go to the court ourselves and get the Order of Protection and Divorce removed.
I hope we are doing the correct steps. We have a lawyer friend who is advising us a lot even though she is not a divorce lawyer. So I think we should be alright tomorrow. I will keep everyone posted on how it turns out and if there is anything else that we can do, then please post it here.
Thanks in advance.
Thank you so very much for all the advise. I am deeply moved. Well today we have definitely resolved all the issues. We are moving forward with the counseling and she will move back in the house tomorrow with our child.
Also her lawyer is trying to avoid her for last 2 days. Tomorrow we both will go to the lawyer's office and try and get this revoked. If he does not let us know by 10am then we will go to the court ourselves and get the Order of Protection and Divorce removed.
I hope we are doing the correct steps. We have a lawyer friend who is advising us a lot even though she is not a divorce lawyer. So I think we should be alright tomorrow. I will keep everyone posted on how it turns out and if there is anything else that we can do, then please post it here.
Thanks in advance.
CrossHairs
Registered Users (C)
Good luck.
Seems like many immigrants face these kind of cultural + marriage counselling issues.
Seems like many immigrants face these kind of cultural + marriage counselling issues.
All,
Thank you so very much for all the advise. I am deeply moved. Well today we have definitely resolved all the issues. We are moving forward with the counseling and she will move back in the house tomorrow with our child.
Also her lawyer is trying to avoid her for last 2 days. Tomorrow we both will go to the lawyer's office and try and get this revoked. If he does not let us know by 10am then we will go to the court ourselves and get the Order of Protection and Divorce removed.
I hope we are doing the correct steps. We have a lawyer friend who is advising us a lot even though she is not a divorce lawyer. So I think we should be alright tomorrow. I will keep everyone posted on how it turns out and if there is anything else that we can do, then please post it here.
Thanks in advance.
Good luck... I think compromise is the best way.... things happen in relationship and sometimes when both understands the root cause of problems and try to fix that and ignore things that should be ignored then relationship flourishes... don't talk back or argue if she is angry... at least this is what I have learnt....
Hello to all. Today we went to the court and we did not have a very pleasant experience. My wife went with me and her lawyer was already there in the court room. My wife had asked him to dismiss both the petitions (order of protection and divorce summon). Also she had told me that none of them were originally granted anyway.
However her attorney played foul with her. He prepared a written response to present to the judge where he said that we both agree to take counselling. However he also elaborated that I will need to take a professional program of Anger Management therapy. My wife told him that this is not necessary to mention this Anger Management stuff, but he started to scare her saying that in all cases of domestic violence filed we need very good reason on why we are withdrawing it. Originally yy wife had put very nasty allegations against me in the Order of Protection which she should not have.
So we went before the judge and he said ok to dismiss the 2 petitions. However my wife told the judge that the Anger Management part is not necessary to be written. The judge responded by saying that he is NOT ordering me to take it. If I dont take it then it will not be Contempt of Court. However he recommends we take it to resolve things.
So that is it. He signed the document and we were done. We are very upset at the attorney for putting all these false things. I am not sure if this will spoil my Citizenship chances next year because nothing was proved. Also the court has not ordered me to do anything really. But I cant forgive my wife and her attorney for this. We were making a fresh start and now this happens.
Can anyone help tell me if this document which is a public record can be used against me during citizenship application or any other type of background check when looking for a job. I would really appreciate all the advise I can get here. This forum has been the best place to find information.
However her attorney played foul with her. He prepared a written response to present to the judge where he said that we both agree to take counselling. However he also elaborated that I will need to take a professional program of Anger Management therapy. My wife told him that this is not necessary to mention this Anger Management stuff, but he started to scare her saying that in all cases of domestic violence filed we need very good reason on why we are withdrawing it. Originally yy wife had put very nasty allegations against me in the Order of Protection which she should not have.
So we went before the judge and he said ok to dismiss the 2 petitions. However my wife told the judge that the Anger Management part is not necessary to be written. The judge responded by saying that he is NOT ordering me to take it. If I dont take it then it will not be Contempt of Court. However he recommends we take it to resolve things.
So that is it. He signed the document and we were done. We are very upset at the attorney for putting all these false things. I am not sure if this will spoil my Citizenship chances next year because nothing was proved. Also the court has not ordered me to do anything really. But I cant forgive my wife and her attorney for this. We were making a fresh start and now this happens.
Can anyone help tell me if this document which is a public record can be used against me during citizenship application or any other type of background check when looking for a job. I would really appreciate all the advise I can get here. This forum has been the best place to find information.
I personally think that since the case was dismissed and the charges dropped this incident will not pose any problems to the naturalization process. However, I think boatbod's suggestion of obtaining a court certified case disposition right now is sound. This way you know what is in your record, and you do not have to run around next year while preparing for your interview.
By the way, where you finger printed in connection to these allegations?
By the way, where you finger printed in connection to these allegations?
Wait a few days, and request a court certified case disposition. Once you get that, you'll know exactly what information will be available to USCIS during your interview.
Thanks for the idea. I really appreciate it. What is a court certified case disposition. Can you please tell me the process to request that.
I personally think that since the case was dismissed and the charges dropped this incident will not pose any problems to the naturalization process. However, I think boatbod's suggestion of obtaining a court certified case disposition right now is sound. This way you know what is in your record, and you do not have to run around next year while preparing for your interview.
By the way, where you finger printed in connection to these allegations?
Nope. There was no fingerprinting done at all. Nothing has been proven here. Also the court has not ordered me to do any classes at all. Just her attorney screwed us today by writing all that crap about me taking anger management which will now become a public record.
Last edited by a moderator:
Thanks for the idea. I really appreciate it. What is a court certified case disposition. Can you please tell me the process to request that.
Its is an official record of the outcome of a case, and you can request one directly from the Clerk of the Court where the hearing took place.
Its is an official record of the outcome of a case, and you can request one directly from the Clerk of the Court where the hearing took place.
Thanks a lot. I will do that after that 3-4 days like you say. However what negative effect can that have on citizenship application. Even if that is negative.
I'm glad it seems to have worked OK for you this time, but I will point out my post #10 above both for your possible future benefit and for any others who find themselves in similar circumstances. If the other party in a dispute has retained an attorney, then whether you like it or not you should do the same to avoid being out-gamed, especially when a judge is involved.
I'm glad it seems to have worked OK for you this time, but I will point out my post #10 above both for your possible future benefit and for any others who find themselves in similar circumstances. If the other party in a dispute has retained an attorney, then whether you like it or not you should do the same to avoid being out-gamed, especially when a judge is involved.
Yes I made that mistake and you were so correct. Because I wanted to show good faith to her. However her lawyer screwed me. Now we dont know what to do.
I am really concerned if this gets noticed during citizenship application. And even if it does, will it have any negative impact.
Thanks a lot. I will do that after that 3-4 days like you say. However what negative effect can that have on citizenship application. Even if that is negative.
Having the court disposition does not in itself affect your application. The unknown is whether or not the court case impacts you. All you get with the disposition papers is a means to prove the outcome of the case.
Having the court disposition does not in itself affect your application. The unknown is whether or not the court case impacts you. All you get with the disposition papers is a means to prove the outcome of the case.
How could the court case possibly impact me ?
How could the court case possibly impact me ?
Your answers to Section D questions will be important. Since you were never arrested, cited or charged in connection with your court appearance, that removes questions 16 thru 18 as problem areas. You may want to carefully consider the answer to "19. Have you ever been placed in an alternative sentencing or a rehabilitative program?" because the Anger Management class may fall in that category. Thankfully it seems the court didn't actually order you to take the class, so again you may escape closer scrutiny.
The reason I'm bringing all this up because the slightest hint of domestic violence will cause the IO to dig deeper and could ultimately derail your N-400 unless you can prove the allegations were baseless. Be aware the burden of proof rests with the applicant, not the government. i.e. You must show you are a good person, rather than the govt needing to prove that you're not.
Your answers to Section D questions will be important. Since you were never arrested, cited or charged in connection with your court appearance, that removes questions 16 thru 18 as problem areas. You may want to carefully consider the answer to "19. Have you ever been placed in an alternative sentencing or a rehabilitative program?" because the Anger Management class may fall in that category. Thankfully it seems the court didn't actually order you to take the class, so again you may escape closer scrutiny.
The reason I'm bringing all this up because the slightest hint of domestic violence will cause the IO to dig deeper and could ultimately derail your N-400 unless you can prove the allegations were baseless. Be aware the burden of proof rests with the applicant, not the government. i.e. You must show you are a good person, rather than the govt needing to prove that you're not.
So can this agreed order be corrected. This was incorrectly put by my wife's lawyer. It was never an agreement between the 2 of us for me to do Anger Management Therapy. What can we do now to get this corrected ?
Should we go to court and request another hearing to get this corrected. We dont want anything to affect our citizenship application.
Are there any good immigration lawyers who we can consult with on this subject ?