Order Of Protection

[lystacha]

Knoxville,TN.My wife and I got had an argument where we were both physical. There were pictures taken by the police and she was advised to get a warrant for domestic violence and an order of protection. She did file both. Over the weekend she researched the consequences of deportation for a domestic violence arrest for I am non-citizen married to us citizen I can apply for N-400 in 9 months Dec. we will be married 3 years. Monday she was called by her advocate saying the order of protection WAS NOT SIGNED BY HER when the notary was there.My wife called the DA after she was told the order of protection had not been signed at first the DA refused to even drop both for she did not know that the order of protection was not signed. When my wife told her this she said she would call the next day after she had spoken with the advocate about the order of protection. The DA called back in an hour to advise my wife that she would drop the criminal domestic violence arrest warrant if my wifed signed the order of protection due to the "miscommunication" of all involved with the process of getting the warrant signed but was warned she had to follow thru or the DA "would not have nice things to say." We are unclear what the DA means by this. My wife did as the DA asked and the DA dropped the criminal warrant. I was pulled over by an officer wed. and was given a warning for speeding he did take my license to his car.We are now going to a local church for conseling and would like to resolve this without the order of protection. My wife has told her advocate she has not seen or spoken with me for I have not been served the ex parte order. If I remain unserved ex parte order by the court date Aug 6 will it be dismissed? If she does not go to the court date will it be dismissed? Can the DA reissue the warrant if OP is dismissed by neither one of us going to court as she has told my wife she "would not have nice things to say? When my wife called the circuit court to see if I had been served the ex parte order she was told no and she asked if I was not served by the court date what would happen and she was told it would be dismissed. My wife's advocate told her that they would reschedule the court date if she went and ultimately if I did not show up for the reschedule it would be dismissed for I had not been served the ex parte order but does the DA have the right to reissue the warrant for arrest? Are they misleading my wife to feel she has to follow thru? I have not talked to a lawyer just yet I have called for consultation but no one has called me back so I am wondering if there is no case for them to call me back and I should just not get served and my wife not show up for the court to have it dismissed. The pastor at our church has advised for us to drop the order of protection and seek conseling as first methods of this. Thank you for taking the time to read this. I hope I have given enough information.

 

[VisaNutz]

It would NOT be dismissed if they can't serve you. However, if your wife doesn't show up in the court - it will be.
Just having a OFP doesn't mean anything - but NEVER, I MEAN NEVER violate it. If you violate if before you are a citizen - you will have deportation charges brought against you - GUARANTEED.

And, seems like you and your wife are communicating - why doesn't she just tell the DA to drop all charges including the OFP?

 

[aosing]

It would NOT be dismissed if they can't serve you. However, if your wife doesn't show up in the court - it will be.

Not necessarily. This does not sound like a trial date. If the DA feels strongly about this case and is not making idle threats, he can proceed without her cooperation and subpoena her if and when necessary. He may have also made admissions. (Well, he did make perfectly admissible admissions here, so it stands to reason that he also talked to the police and/or DA). It's perfectly possible to prosecute after the complainant stops cooperating, just ask Chris Brown.

Your story sounds fishy. Your wife has two black eyes, and you did "not directly punch hit her?" Did you tell the police you "struck" her and didn't punch her? That should go over well in court. Or is the story that she gave herself the black eyes?

Talk to your own attorney, not your pastor, not your wife's advocate. You may have a defense if you shut up, talk to your attorney, and have your own attorney talk to your wife.

 

[lystacha]

It would NOT be dismissed if they can't serve you. However, if your wife doesn't show up in the court - it will be.
Just having a OFP doesn't mean anything - but NEVER, I MEAN NEVER violate it. If you violate if before you are a citizen - you will have deportation charges brought against you - GUARANTEED.

And, seems like you and your wife are communicating - why doesn't she just tell the DA to drop all charges including the OFP?

the question was we know if we dont go to court it will be dismissed and as i wrote my wife did talk to the DA and the DA DID DROP THE DOMESTIC VIOLENCE ARREST WARRANT ALREADY BUT TOLD MY WIFE SHE HAD TO FOLLOW THRU WITH THE ORDER OF PROTECTION. what we need to know is if she doesnt follow thru like the DA asked can the DA reissue the DV arrest warrant? or just pursue me in the civil court for the order of protection?

 

[lystacha]

Not necessarily. This does not sound like a trial date. If the DA feels strongly about this case and is not making idle threats, he can proceed without her cooperation and subpoena her if and when necessary. He may have also made admissions. (Well, he did make perfectly admissible admissions here, so it stands to reason that he also talked to the police and/or DA). It's perfectly possible to prosecute after the complainant stops cooperating, just ask Chris Brown.


-----I have not talked to anyone to make admission I have not even been served the ex parte order of protection----the DA can not prosecute me for I have no case in a criminal court our case is a civil case.


Your story sounds fishy. Your wife has two black eyes, and you did "not directly punch hit her?" Did you tell the police you "struck" her and didn't punch her? That should go over well in court. Or is the story that she gave herself the black eyes?

No I did not hit her she was hiting me I was grabing her hands to hold them down she wouldnt stop she was hit in the nose by my forearm which caused the bruising

Talk to your own attorney, not your pastor, not your wife's advocate. You may have a defense if you shut up, talk to your attorney, and have your own attorney talk to your wife.

thanks anyway

 

[VisaNutz]

Not necessarily. This does not sound like a trial date. If the DA feels strongly about this case and is not making idle threats, he can proceed without her cooperation and subpoena her if and when necessary. He may have also made admissions. (Well, he did make perfectly admissible admissions here, so it stands to reason that he also talked to the police and/or DA). It's perfectly possible to prosecute after the complainant stops cooperating, just ask Chris Brown.

Your story sounds fishy. Your wife has two black eyes, and you did "not directly punch hit her?" Did you tell the police you "struck" her and didn't punch her? That should go over well in court. Or is the story that she gave herself the black eyes?

Talk to your own attorney, not your pastor, not your wife's advocate. You may have a defense if you shut up, talk to your attorney, and have your own attorney talk to your wife.

Sorry - I actually meant the OFP would be dismissed if the wife didn't show up.

 

[JerryR]

I just hope you are in counseling. Having your spouse end up with two black eyes to me seems be something that needs attention first, as to why it happened, and what's the best way for her to avoid it happening again, regardless of the OP's actions.

 

[VisaNutz]

the question was we know if we dont go to court it will be dismissed and as i wrote my wife did talk to the DA and the DA DID DROP THE DOMESTIC VIOLENCE ARREST WARRANT ALREADY BUT TOLD MY WIFE SHE HAD TO FOLLOW THRU WITH THE ORDER OF PROTECTION. what we need to know is if she doesnt follow thru like the DA asked can the DA reissue the DV arrest warrant? or just pursue me in the civil court for the order of protection?

Order for protection is not a verdict against anyone. It's just a court order on someone and it doesn't mean someone is guilty. If the wife doesn't feel threatened by you, she can choose NOT to get OFP order against you. Also, EVEN if she decides to get the OFP now, she can terminate it ANYTIME by just asking the court. The DA can't do anything about it.

 

[lystacha]

I just hope you are in counseling. Having your spouse end up with two black eyes to me seems be something that needs attention first, as to why it happened, and what's the best way for her to avoid it happening again, regardless of the OP's actions.

The black eyes was an accident I came here hoping for advise not be prosecuted for a statement to give a general idea of my situation.

 

[lystacha]

Order for protection is not a verdict against anyone. It's just a court order on someone and it doesn't mean someone is guilty. If the wife doesn't feel threatened by you, she can choose NOT to get OFP order against you. Also, EVEN if she decides to get the OFP now, she can terminate it ANYTIME by just asking the court. The DA can't do anything about it.

ok but what about the domestic violence the DA dropped that but said the ONLY way she would drop the domestic violence was if my wife signed the OFP. so if my wife does not follow thru by droping the OFP and the DA finds out can she reissue the warrant. I would much rather handle the OFP than a domestic violence..so the OFP will not affect my N-400 application

 

[VisaNutz]

Dude - if your wife is cooperating with you, and not cooperating with the DA, there is nothing the DA can do. SIMPLE.
Even if the DA doesn't drop the domestic violence charge - if your wife doesn't testify - nothing will happen.
Yes, it's true that OFP will not affect your N-400 as long as you don't violate it. If the OFP is in place - you CANNOT BE NEAR HER - EVEN IF YOU GUYS ARE IN GOOD TERMS.

 

[aosing]

Dude - if your wife is cooperating with you, and not cooperating with the DA, there is nothing the DA can do. SIMPLE.
Even if the DA doesn't drop the domestic violence charge - if your wife doesn't testify - nothing will happen.
Yes, it's true that OFP will not affect your N-400 as long as you don't violate it. If the OFP is in place - you CANNOT BE NEAR HER - EVEN IF YOU GUYS ARE IN GOOD TERMS.

Dude, maybe you should not give legal advice is a criminal matter. In many states, although I am aware this may not be the case in Tennessee, there can be separate criminal and civil/family court orders of protection, and the victim is only in control of the civil order. In any state, an order of protection can ONLY be modified by the court, and you are right that with an active stay-away order he cannot be near.

And no, it is not true that if the wife doesn't cooperate charges will be dropped or could not be reinstated. That may happen most of the time, but the fact is the DA has a toolbag that he can use if he wants to. He can certainly subpoena her, which would require her to testify (although I have never heard of a DV victim being prosecuted for contempt, it is a crime to defy a subpoena, and it is not unheard of for law-enforcement to track down and escort victims to court to appear), and we don't know what evidence they have without her testimony, such as a admissions by the OP. Right now he has a very confused description of the procedural posture and needs to talk to an attorney. Internet advice is worthless for his situation.

 

[VisaNutz]

Dude, maybe you should not give legal advice is a criminal matter. In many states, although I am aware this may not be the case in Tennessee, there can be separate criminal and civil/family court orders of protection, and the victim is only in control of the civil order. In any state, an order of protection can ONLY be modified by the court, and you are right that with an active stay-away order he cannot be near.

And no, it is not true that if the wife doesn't cooperate charges will be dropped or could not be reinstated. That may happen most of the time, but the fact is the DA has a toolbag that he can use if he wants to. He can certainly subpoena her, which would require her to testify (although I have never heard of a DV victim being prosecuted for contempt, it is a crime to defy a subpoena, and it is not unheard of for law-enforcement to track down and escort victims to court to appear), and we don't know what evidence they have without her testimony, such as a admissions by the OP. Right now he has a very confused description of the procedural posture and needs to talk to an attorney. Internet advice is worthless for his situation.

I'm just saying what is probably going to happen - not what's possible.

 

[jnj]

Dude - if your wife is cooperating with you, and not cooperating with the DA, there is nothing the DA can do. SIMPLE.
Even if the DA doesn't drop the domestic violence charge - if your wife doesn't testify - nothing will happen.
Yes, it's true that OFP will not affect your N-400 as long as you don't violate it. If the OFP is in place - you CANNOT BE NEAR HER - EVEN IF YOU GUYS ARE IN GOOD TERMS.

That is WRONG.
In California the DA doesnt need the victims testimony to press charges.Even if the victim wants to drop all charges or refuses to co operate,its meaningless.The Da has all the power after a domestic v has been reported/alleged.

 

[lystacha]

order of protection N-400

Thank you to everyone for their advise. I talked to a lawyer and he said basically what everyone has said the Order of protection advised by the lawyer should not be dropped for the DA will not allow me to go scott free. and a OFP is not criminal its civil and not a deportable offense unless violated.
Im still unclear as to the affect it has on my N-400 application for question 19 when it ask for alternative sentencing or conseling I have been told that this is only for criminal court and not civil. can anyone who has had an order of protection and ordered to anger management ( the judge I am going to see gives a mandatory 42 weeks of anger management) and has applied for the N-400 application did you report this incident on the application. If not asked by the IO should I not tell them this has happened?

 

[lystacha]

Dude, maybe you should not give legal advice is a criminal matter. In many states, although I am aware this may not be the case in Tennessee, there can be separate criminal and civil/family court orders of protection, and the victim is only in control of the civil order. In any state, an order of protection can ONLY be modified by the court, and you are right that with an active stay-away order he cannot be near.

And no, it is not true that if the wife doesn't cooperate charges will be dropped or could not be reinstated. That may happen most of the time, but the fact is the DA has a toolbag that he can use if he wants to. He can certainly subpoena her, which would require her to testify (although I have never heard of a DV victim being prosecuted for contempt, it is a crime to defy a subpoena, and it is not unheard of for law-enforcement to track down and escort victims to court to appear), and we don't know what evidence they have without her testimony, such as a admissions by the OP. Right now he has a very confused description of the procedural posture and needs to talk to an attorney. Internet advice is worthless for his situation.

The Domestic Violence charge HAS BEEN dropped by the DA..............if the Order of protection was signed. I have NO domestic violence charge against me I was never arrested for this just the ex parte order of protection is active and I have not been served this(which is basically a subena to court to start the order of protection). The DA even though she has dropped the domestic violence charge can still reissue it if my wife drops the order of protection because they have pictures as evidence to prosecute me without my wifes support. this is what I understand from talking with the lawyer today.

 

[lystacha]

-

 

[aosing]

Thank you to everyone for their advise. I talked to a lawyer and he said basically what everyone has said the Order of protection advised by the lawyer should not be dropped for the DA will not allow me to go scott free. and a OFP is not criminal its civil and not a deportable offense unless violated.
Im still unclear as to the affect it has on my N-400 application for question 19 when it ask for alternative sentencing or conseling I have been told that this is only for criminal court and not civil. can anyone who has had an order of protection and ordered to anger management ( the judge I am going to see gives a mandatory 42 weeks of anger management) and has applied for the N-400 application did you report this incident on the application. If not asked by the IO should I not tell them this has happened?

You will definitely have to answer Yes to 16 and 17. It sounds like you need to answer Yes to 19 and possibly but probably not 20 at this stage, depending on the details of the disposition and court order, you are unclear as to whether the anger management classes etc. are required by criminal court order or just by the ADA, and you should ask an attorney these questions.

Here's one definition of "diversion:" The process of removing some minor criminal, traffic, or juvenile cases from the full judicial process, on the condition that the accused undergo some sort of rehabilitation or make restitution for damages.

That sounds like what you are being offered.

Also if you were in lockup after your arrest, even just waiting to be arraigned, you have to answer Yes to question 21. Pretrial detention counts.

In any event since you have to describe the charges and arrest, it's all has to come out anyway. If you try to hide the classes and conditions you're just setting yourself up to get in trouble.

 

[lystacha]

we went to court yesterday for the Order of Protection and my wife had it dismissed by the judge. I called the city police to find out if the Domestic Violence warrant was still active and IT IS NOT. So as far as I can see all charges have been dropped there is no longer nothing against me.......now what do I need to bring to my interview (it hasnt been scheduled yet) for N-400? We got a dismissal paper from the judge for the order of protection. The warrant for domestic violence I was never finger printed,arrested or served the warrant. As far as immigration is concerned I can tell them I never knew about it for it was dropped 4 days after is was issued. Do I need the paper for the order of protection dismissal for my N-400?

 

[VisaNutz]

For the OFP, no as it wasn't a charge against you.