Jump to content

VisaJourney.com Logo
Gallery      Form Downloads      Example Forms      Processing Times      Embassy Info      Reviews: Embassy/USCIS & POE      Affiliates     Members


Latest VJ Member Visa Approvals - Congratulations!


blank avatarAmanda & Justin
K1 Visa
Canada
Emily & Friday
K1 Visa
Nigeria
J & M
IR-1/CR-1 Visa
Jordan
Brielle & Greg
K1 Visa
United Kingdom
Cayla & Daniel
IR-1/CR-1 Visa
United Kingdom
Ed & Gina
K3 Visa
Philippines
Cristina & Jessica
K1 Visa
Canada
Fling & Cindy
IR-1/CR-1 Visa
Taiwan
FRANKIE & KATERYNA
K1 Visa
Ukraine
Alexa & Fabian
K1 Visa
Germany

Visa Interviews Today: Good Luck!!


Jim & Anita
K1 Visa
Argentina
Courtney & Lorenzo
IR-1/CR-1 Visa
Dominican Republic
blank avatarJamie & Philip
IR-1/CR-1 Visa
United Kingdom
blank avatarJoDee & Toshi
IR-1/CR-1 Visa
Japan
Kevin & Yan
K1 Visa
Japan


  • Please log in to reply

Is a temporary restraining order a misdemeanor or felony?

#1 thepizzadude

thepizzadude

    Ain't nothing but a thang!!



Posted 05 January 2009 - 03:50 PM

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
  • 0

Mailed n-400 : 4-3-14

USCIS Received  :  4-4-14

NOA1 Sent  :  4-8-14

Biometrics Appt Letter Sent  :  4-14-14

Biometrics Appt  :  5-5-14

 

 

usaflag.gifphilippinesflag.gif

Poverty Guidelines : http://www.uscis.gov...form/i-864p.pdf
VisaJourney Guides : http://www.visajourn...amp;page=guides
K1 Flowchart : http://www.visajourn...amp;page=k1flow
K1/K3 AOS Guide : http://www.visajourn...mp;page=k1k3aos
ROC Guide : http://www.visajourn...ontent/751guide

DSC04023-1.jpg0906091800.jpg93dc3e19-1345-4995-9126-121c2d709290.jpg


#2 ScratchIt

ScratchIt

    Senior Member

  • PipPipPipPipPipPip

  • Group: Closed
  • Joined: 10 Nov 2008
  • City:Corcoran State Prison

Posted 05 January 2009 - 03:57 PM

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.
  • 0

#3 Old Dominion

Old Dominion

    Diamond Member



Posted 05 January 2009 - 05:05 PM

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.
  • 0

#4 pushbrk

pushbrk

    Straight Talk Member



Posted 05 January 2009 - 05:48 PM

QUOTE (Old Dominion @ Jan 5 2009, 02:05 PM) <{POST_SNAPBACK}>
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.

  • 0

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


#5 thepizzadude

thepizzadude

    Ain't nothing but a thang!!



Posted 05 January 2009 - 09:46 PM

Thanks to all for your replies they are much appreciated... biggrin.gif
  • 0

Mailed n-400 : 4-3-14

USCIS Received  :  4-4-14

NOA1 Sent  :  4-8-14

Biometrics Appt Letter Sent  :  4-14-14

Biometrics Appt  :  5-5-14

 

 

usaflag.gifphilippinesflag.gif

Poverty Guidelines : http://www.uscis.gov...form/i-864p.pdf
VisaJourney Guides : http://www.visajourn...amp;page=guides
K1 Flowchart : http://www.visajourn...amp;page=k1flow
K1/K3 AOS Guide : http://www.visajourn...mp;page=k1k3aos
ROC Guide : http://www.visajourn...ontent/751guide

DSC04023-1.jpg0906091800.jpg93dc3e19-1345-4995-9126-121c2d709290.jpg


#6 Bobby+Umit

Bobby+Umit

    Amor Vincit Omnia



Posted 09 January 2009 - 12:29 PM

QUOTE (thepizzadude @ Jan 5 2009, 09:46 PM) <{POST_SNAPBACK}>
Thanks to all for your replies they are much appreciated... biggrin.gif



offtopic45vn.gif do we get free pizza for the replies? rofl.gif rofl.gif
  • 0
My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

#7 Troy W

Troy W

    Member

  • PipPipPip


Posted 10 January 2009 - 09:54 PM

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 dont be stupid I would not sweat it unless it came with an assault or battery charge.

QUOTE (thepizzadude @ Jan 5 2009, 03:50 PM) <{POST_SNAPBACK}>
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


  • 0



Back to Top ↑


0 user(s) are browsing this forum

0 members, 0 guests, 0 anonymous users


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.