horrible situation!! got arrested under domestic violence with conditional residence status..

[Sandra G. 5,057]

Of course what I posted is considering if she is charged for violating the probation order .I don't see a reason why she would not be charged.Will she convince the judge she returned to the house cause she forgot her make up there ? I handled many cases of R.O and I saw how the cases ended up.

[HollyGolightly 72]

Of course what I posted is considering if she is charged for violating the probation order .I don't see a reason why she would not be charged.Will she convince the judge she returned to the house cause she forgot her make up there ? I handled many cases of R.O and I saw how the cases ended up.

"Charged" is different from conviction. You can be charged of anything but having that proven according to the standard of proof is a different thing. Besides, there are a million ways to avoid getting a judgement of conviction. Plea bargaining is one and often allows the charge to stay out of your record so you can avoid possible immigration consequences. Every accused is innocent until proven guilty and insinuating that OP is immediately f***** for having been arrested for violating the mpo is cruel.

[Darnell 8,479]

i wonder if the husband standing up in court and asking the mpo be removed, retro-actively,

will be useful?

[N-o-l-a 7,168]

Pretty sure her husband can get into trouble as well for allowing her to stay nights there while he was the one who requested the protective order....isn't that some type of legal fraud?? He obviously wasn't fearing for his life if she was back in his home again and he consented.

It was my understanding that the person being protected by a protective order is also barred from contacting the other party. I've gotten two of them out on someone else in my life - one both me and my ex husband did violate and the other the judge specifically warned me that neither of us were to talk to the other person.

I think it is fairly common for people to get back together after a domestic protective order. OP needs a good lawyer and I think she'll either get the charges dismissed or lowered.

[Ryan H 3,821]

~~~Closed for review.~~~

***Thread back open, two posts containing personal attacks removed. Either address the OP's situation civilly or do not post. Failure to keep things civil will result in thread bans and other Administrative Action if warranted.***

Edited April 23, 2014 by Ryan H

[superdummy 0]

Thank you for your advices.. I'm going to meet lawyers but hard to decide whom I hire...

[rlogan 2,036]

There's some critical information missing, and in most cases these kinds of details weigh in against the OP because we try to put the best face on it as possible.

She violated a protective order, but how that came about matters. It seems like both of them were wanting to get back together, but if that is true then why are the police getting involved? Likely, the same reason as before - a fight. OP indicates he put her in jail twice, so the second time must have been him calling the cops during the second fight, while under court order not to be in the house.

At the interview a standard question to expect is whether you have been arrested, so the issue of whether you have been convicted or not isn't so clear. If you answer that you have been arrested, then it is twice along with a pending court judgement. The interview officer is going to want the final disposition before making the immigration decision. So if it goes against you then forget about immigration and you'll owe a lawyer a lot of money. What I would want a lawyer for is a frank opinion on what the court is most likely to do. Before I threw a lot of money into it in vain.

[Jawaree 718]

Cant go where there's a restraining order,

should have got a hotel/motel room treat it

like a date if working on getting back , U

have violated the order

[N-o-l-a 7,168]

Cant go where there's a restraining order,

should have got a hotel/motel room treat it

like a date if working on getting back , U

have violated the order

The order has to do with the person as well. Hotel would have violated it, holding hands at a supermarket would have violated it, a quick chat in the library would have violated it, etc.

[rlogan 2,036]

Yeah, and one reason for that is the relationship has gotten to the point where it is becoming a burden on society with police intervening and courts having to adjudicate. So the court is telling you to stay away in the interests of society at large, not just the couple. If she's let back in by the husband for a quickie and a fight ensues afterwards the court isn't going to just say "oh well, fine - the husband let her in. So it's ok the cops had to intervene AGAIN, and take up even MORE of the court's time. It isn't up to the husband whether you can come back once the court orders you not to. It matters, like in comparison to you breaking in, but you can't do it. At all.

Edited April 26, 2014 by rlogan