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thepizzadude

Is a temporary restraining order a misdemeanor or felony?

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I was divorced from my previous wife of 13.5 years in 2002 February and it was not a good divorce I had just started business few years before and worked 7 days a week and me being away from home so much she grew tired and found another source of excitement, anyway I also co-signed a loan for my step daughter and she had quit paying on the loan, changed addresses for mail and I did not find out til car in repo and they called my home to tell me they wanted my car back, I told them I just paid it off and they told me which MY CAR they were talking about and it was my step daughters car I cosigned on, so I basically had to steal my own car back which I did but in process during a communication on telephone I uttered these stupid words "If you guys don't give the car back I will HURT you just like YOU are hurting me". Well of course this was not a threat of harm to a person by way of physical means, if I was a physical person somewhere during our divorce proceeding I think it would have been brought up (BTW this happened 8 days after divorce was final). I was talking about hurting my ex-wives credit rating which was what they were doing to me by not paying on the car and having it go into repossession, this was my only train of thought, well the court did not see it that way. They said it could be CONSTRUED to be a physical threat and a Temporary Restraining Order was granted to my ex-wife. So, ok I had to deal with it and I did.

The question is this going to be a blockade to our K1 visa, will it cause problems. Does it fall under the category of Domestic Violence or anything pertaining to Section C Question 2. Is this something that I have to disclose or is this disclosure only pertain to someone who uses an International Marriage Broker. I don't think this is a misdemeanor or a felony at all, but I just don't know so I am asking here. I have copies of the case timeline from the court and it is certified if I need it but they told me they don't even keep records of these after a year of so because they are granted if someone just says you say something. I know what people think when they hear this but I assure you I never intended or would hurt my family and my words were taken out of context, I sincerely believe that this was done to hurt me in only way left by my wife after the divorce courts gave me the house, my business and 2 of my 3 step-children decided to stay living with me after my ex wife and I divorced.

Thanks for any help you may offer,

Donnie

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A restraining order is not a conviction of anything. It is a tool used by the court to bolster a case should anything arise from a bad situation. (really basic language there). Battery & assault are crimes that can carry convictions. Verbal threats can be prosecuted and you can be convicted of a crime for utterances of threats but the key word is CONVICTION. I suggest contacting a lawyer if you still have questions but the instructiuons are pretty clear where it asks if you have been convicted or not.

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It will not need to be reported to anyone. A restraining order is not even any kind of charge, criminal or misdemeanor. It is simply an enforceable warning and if it had been ignored, police charges would be filed.

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It will not need to be reported to anyone. A restraining order is not even any kind of charge, criminal or misdemeanor. It is simply an enforceable warning and if it had been ignored, police charges would be filed.

Right, it is neither a misdemeanor, or felony. It's isn't a crime. It's a complete non-issue for immigration.

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A lot of courts automatically hand out restraining orders for both parties in a divorce, especially in large cities with high crime rates. It is just the courts way of saying “don’t be stupid” I would not sweat it unless it came with an assault or battery charge.

I was divorced from my previous wife of 13.5 years in 2002 February and it was not a good divorce I had just started business few years before and worked 7 days a week and me being away from home so much she grew tired and found another source of excitement, anyway I also co-signed a loan for my step daughter and she had quit paying on the loan, changed addresses for mail and I did not find out til car in repo and they called my home to tell me they wanted my car back, I told them I just paid it off and they told me which MY CAR they were talking about and it was my step daughters car I cosigned on, so I basically had to steal my own car back which I did but in process during a communication on telephone I uttered these stupid words "If you guys don't give the car back I will HURT you just like YOU are hurting me". Well of course this was not a threat of harm to a person by way of physical means, if I was a physical person somewhere during our divorce proceeding I think it would have been brought up (BTW this happened 8 days after divorce was final). I was talking about hurting my ex-wives credit rating which was what they were doing to me by not paying on the car and having it go into repossession, this was my only train of thought, well the court did not see it that way. They said it could be CONSTRUED to be a physical threat and a Temporary Restraining Order was granted to my ex-wife. So, ok I had to deal with it and I did.

The question is this going to be a blockade to our K1 visa, will it cause problems. Does it fall under the category of Domestic Violence or anything pertaining to Section C Question 2. Is this something that I have to disclose or is this disclosure only pertain to someone who uses an International Marriage Broker. I don't think this is a misdemeanor or a felony at all, but I just don't know so I am asking here. I have copies of the case timeline from the court and it is certified if I need it but they told me they don't even keep records of these after a year of so because they are granted if someone just says you say something. I know what people think when they hear this but I assure you I never intended or would hurt my family and my words were taken out of context, I sincerely believe that this was done to hurt me in only way left by my wife after the divorce courts gave me the house, my business and 2 of my 3 step-children decided to stay living with me after my ex wife and I divorced.

Thanks for any help you may offer,

Donnie

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