my X wife obtained a protective order against me.

[rogail 2]

My first marraige ended in 2003.

My X wife got an emergency protective order against me and when we appeared before the judge, the judge put the order in effect for 1 year, No contact or communication for 1 year.

There was no physical or verbal abuse.

Do I need to report this on my petition? I was never arrested nor did I pay a fine.

Any help would be appreciated.

[1HappyGuy 45]

This sounds like one of those things that attorneys do to try to influence the judge in the favor of their client. If there was no police report, no other action other than divorce settlement, I would say you are okay. But, just to be safe you might spend the money for an hour with an attorney just to be certain.

I would recommend that you review the IMBRA law before you send anything in or consult with an attorney. I don't think this action is considered in anyway as a conviction. Just my opinion having gone through the divorce process myself. In my case the judge threw out the attempt to restrain me from seeing my kids or anything regarding my ex-wife. Unfortunately a number of divorce attorneys will use this tactic even when there is no evidence to support such an allegation.

[rogail 2]

This sounds like one of those things that attorneys do to try to influence the judge in the favor of their client. If there was no police report, no other action other than divorce settlement, I would say you are okay. But, just to be safe you might spend the money for an hour with an attorney just to be certain.

I would recommend that you review the IMBRA law before you send anything in or consult with an attorney. I don't think this action is considered in anyway as a conviction. Just my opinion having gone through the divorce process myself. In my case the judge threw out the attempt to restrain me from seeing my kids or anything regarding my ex-wife. Unfortunately a number of divorce attorneys will use this tactic even when there is no evidence to support such an allegation.

Thanks for the quick reply. Yes, too many times attorneys will use whatever it takes to help their client get the upper hand.

I noticed the word CONVICTED it the IMBRA law.

I have never been convicted of any crime. I just wanted to get a second opinion.

Thanks

[pokernut 0]

my soon to be ex filed a restraining order on me, but it hasnt been served to me yet.. they dont really have an address on me..

same bunch of b.s.

she was a k-1 also what a joke she turned out to be

This sounds like one of those things that attorneys do to try to influence the judge in the favor of their client. If there was no police report, no other action other than divorce settlement, I would say you are okay. But, just to be safe you might spend the money for an hour with an attorney just to be certain.

I would recommend that you review the IMBRA law before you send anything in or consult with an attorney. I don't think this action is considered in anyway as a conviction. Just my opinion having gone through the divorce process myself. In my case the judge threw out the attempt to restrain me from seeing my kids or anything regarding my ex-wife. Unfortunately a number of divorce attorneys will use this tactic even when there is no evidence to support such an allegation.

Thanks for the quick reply. Yes, too many times attorneys will use whatever it takes to help their client get the upper hand.

I noticed the word CONVICTED it the IMBRA law.

I have never been convicted of any crime. I just wanted to get a second opinion.

Thanks

[t&s 0]

My first marraige ended in 2003.

My X wife got an emergency protective order against me and when we appeared before the judge, the judge put the order in effect for 1 year, No contact or communication for 1 year.

There was no physical or verbal abuse.

Do I need to report this on my petition? I was never arrested nor did I pay a fine.

Any help would be appreciated.

The problem is this, why would the judge have given the protective order for one year if your ex did not have a valid case.

I think the courts give a one week temporary protection order until you go to trial. IMBRA I believe was set up to prevent abuse. You need to double check this information.

[BMB 0]

No! Regarding a protective order! A protective order is not a Conviction of any crime. You only have to list Convictions. In theory, a protection order protects the man too, as it prevents his ex from coming into contact with him! It is good in the long run, since it is best not to call her, email or contact her ever again. Thanks!

[jom 4]

My first marraige ended in 2003.

My X wife got an emergency protective order against me and when we appeared before the judge, the judge put the order in effect for 1 year, No contact or communication for 1 year.

There was no physical or verbal abuse.

Do I need to report this on my petition? I was never arrested nor did I pay a fine.

Any help would be appreciated.

Mine filed an injunction against me for domestic violence after i have already filed my K-1. Judge saw thru her and dismissed the case. How can there be domestic violence when we have been separated for years even before the divorce was finalized? A lot of exes do this when they learn you have moved on. As long as there is no conviction you are safe. The Petition and IMBRA speaks of conviction only and a protective order is not one. Smile

[pushbrk 12,269]

My first marraige ended in 2003.

My X wife got an emergency protective order against me and when we appeared before the judge, the judge put the order in effect for 1 year, No contact or communication for 1 year.

There was no physical or verbal abuse.

Do I need to report this on my petition? I was never arrested nor did I pay a fine.

Any help would be appreciated.

Read the instructions and all questions carefully. Interpret them literally and answer them truthfully and you'll find this issue never comes up.

[Quinn 2]

Yes, too many times attorneys will use whatever it takes to help their client get the upper hand.

It's called zealous representation of the client's interests, and i'm sure we'd all want the lawyers we pay to do whatever it takes allowed by the law to represent our interests.

Sorry for the rant, but the lawyer bashing gets to me occasionally. I guess I heard one too many lawyer complaints today!

[wissooner 0]

Mine filed an injunction against me for domestic violence after i have already filed my K-1. Judge saw thru her and dismissed the case. How can there be domestic violence when we have been separated for years even before the divorce was finalized? A lot of exes do this when they learn you have moved on. As long as there is no conviction you are safe. The Petition and IMBRA speaks of conviction only and a protective order is not one.

I'm just curious, was your divorce final when you filed your I-129f?

[SusieK 3]

Mine filed an injunction against me for domestic violence after i have already filed my K-1. Judge saw thru her and dismissed the case. How can there be domestic violence when we have been separated for years even before the divorce was finalized? A lot of exes do this when they learn you have moved on. As long as there is no conviction you are safe. The Petition and IMBRA speaks of conviction only and a protective order is not one.

I'm just curious, was your divorce final when you filed your I-129f?

It is not a felong conviction (most are tried in family court) and it is to protect both partys and in the State of Florida one year is the normal limit. Its is not a felony and only becomes a felony if the protective order is breached by any type of contact.

Restraining orders are not necassarily instruments of justice, they are always held with great caution in case the Presiding Judge makes the mistake of saying denied on the motion to hear, and then something happens to the party filing the motion to be heard. This is common. It is also common in Immigration if a spouse can prove abuse prior to a marriage ending before the two years. Have seen a few cases of this and its very craftyly done.

Good Luck

Edited November 24, 2007 by SusieK