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john & jean

violated protective order, arrested...no violence ?

By john & jean in IMBRA Special Topics

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pushbrk Grand Master

pushbrk   13,117

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Filed: Other Country: China
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Ex wife had me arrested for violating protective order.No violent act only trying to talk to her.WHAT DO I NEED TO DO ?any response appreciated.

Were you "convicted" of any crime in connection with the arrest?

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Understanding the big picture is priceless. Anonymous

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pushbrk Grand Master

pushbrk   13,117

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Filed: Other Country: China
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Ex wife had me arrested for violating protective order.No violent act only trying to talk to her.WHAT DO I NEED TO DO ?any response appreciated.

Were you "convicted" of any crime in connection with the arrest?

I responded to your PM but then looked at your post again and timeline. IMBRA doesn't apply to CR/IR petitions. K3 is strange in its connection to IMBRA in that you have to answer the questions on the I-129F but it is unclear to me whether K3 filers need any waiver.

My best advice is to skip IMBRA altogether by not filing the I-129F.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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payxibka Grand Master

payxibka   10,047

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Filed: AOS (apr) Country: Philippines
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Posted (edited)
K3 is strange in its connection to IMBRA in that you have to answer the questions on the I-129F but it is unclear to me whether K3 filers need any waiver.

The only part of IMBRA that does not apply to K-3 is the need for the multiple petition waiver.

Edited by fwaguy

YMMV

BillyB Apprentice

BillyB   0

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Filed: K-1 Visa Country: Uzbekistan
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Ex wife had me arrested for violating protective order.No violent act only trying to talk to her.WHAT DO I NEED TO DO ?any response appreciated.

john & jean, I don't know what you did or if you're falsely accused to have a protective order slapped on you but you do not violate Protective orders under any circumstances. You are enhancing your record as an unstable person.

I suggest you get an attorney to have a chance in fighting the violation. If you're a man, you have an uphill battle to fight because if a woman fears physical harm from you, that can be classified as domestic violence without any violent act towards her as you claim has not happened. This proscuting attorney says about DV.

http://www.clarkprosecutor.org/html/domviol/what.htm

Hopefully the violation will not come back to haunt you. If USCIS catches this and think you're withholding info on purpose pertaining to DV and violating protective orders, they can make life hard on you.

  • 1 month later...
Rail Contributor

Rail   0

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Filed: Country: Colombia
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Ex wife had me arrested for violating protective order.No violent act only trying to talk to her.WHAT DO I NEED TO DO ?any response appreciated.

john & jean, I don't know what you did or if you're falsely accused to have a protective order slapped on you but you do not violate Protective orders under any circumstances. You are enhancing your record as an unstable person.

I suggest you get an attorney to have a chance in fighting the violation. If you're a man, you have an uphill battle to fight because if a woman fears physical harm from you, that can be classified as domestic violence without any violent act towards her as you claim has not happened. This proscuting attorney says about DV.

http://www.clarkprosecutor.org/html/domviol/what.htm

Hopefully the violation will not come back to haunt you. If USCIS catches this and think you're withholding info on purpose pertaining to DV and violating protective orders, they can make life hard on you.

I agree there are women and children that are abused but there are a lot of men that get abused in the same ways that this prosecutor talks about. Abuse does not have to be all physical. I lived 7 years in a marriage being treated very poorly just because she knew she could and didnt have to answer to anyone about it. There are women these days that do anything they want in a marriage with no fear of criminal or legal problems just because they can. It is very difficult to get anyone to listen to the mans story. He is automatically considered the problem with the marriage. I have seen many men live thru hell just to be able to stay close their children. Ok sorry, the rants over.
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desert_fox Proficient

desert_fox   32

Posted
Filed: Country: Spain
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Posted
Ex wife had me arrested for violating protective order.No violent act only trying to talk to her.WHAT DO I NEED TO DO ?any response appreciated.

Something you didnt understand about the court order to stay away and do not contact??

Its called comtempt of court to viooate a protective order...

Jail time until you understand!!

I finally got rid of the never ending money drain. I called the plumber, and got the problem fixed. I wish her the best.

SusieK Proficient

SusieK   3

Posted
Filed: IR-1/CR-1 Visa Country: United Kingdom
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Posted

If you violated the Domestic Violence Protective order and were arrested and charged with this crime, it is a felony period. Having worked along law enforcement for many years, there is no if and or buts about this one. If you did not get convicted then you are ok. Otherwise. Restraining order is just that. Dont call, dont send messages through a friend only from lawyer to lawyer period.

Good Luck

Susie

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