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Filed: IR-1/CR-1 Visa Country: France
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Posted

Hi everybody, I'm asking on behalf of my dear friend, she is a victim of domestic violence , the husband get arrested for 24 h , paid the bail and got off the jail, the case( felony crime) dropped before the arraignment day, she still don't know why the case closed, the wife filled the restraining order ( no contact, no email no harass ...) but they stayed together in the same house although there is a RO she couldn't kicked him out of the house especially she has no job yet to pay any rent, no car, no family and no friends except some helpful friends online, in the past hearing day, the judge granted move out , so now the husband is out of the house, and she is at the house, the wife do not wish to have a permanent restraining order with her husband, she still have no solid idea what to do with him,

she has a few questions i hope somebody answer, thanks in advance

she is asking if the "arrest" will stay in her husband record or no? and if the restraining order granted in the court will stay in his record too?

if she say in the next coming hearing date she do not wish a permanent restraining order, can the judge granted DV courses? who normally grant these courses? she is asking all these questions because she really want something to stay in his record,

she has no permanent internet, please if somebody know something let me know,

Good luck

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Hi everybody, I'm asking on behalf of my dear friend, she is a victim of domestic violence , the husband get arrested for 24 h , paid the bail and got off the jail, the case( felony crime) dropped before the arraignment day, she still don't know why the case closed, the wife filled the restraining order ( no contact, no email no harass ...) but they stayed together in the same house although there is a RO she couldn't kicked him out of the house especially she has no job yet to pay any rent, no car, no family and no friends except some helpful friends online, in the past hearing day, the judge granted move out , so now the husband is out of the house, and she is at the house, the wife do not wish to have a permanent restraining order with her husband, she still have no solid idea what to do with him,

she has a few questions i hope somebody answer, thanks in advance

she is asking if the "arrest" will stay in her husband record or no? and if the restraining order granted in the court will stay in his record too?

if she say in the next coming hearing date she do not wish a permanent restraining order, can the judge granted DV courses? who normally grant these courses? she is asking all these questions because she really want something to stay in his record,

she has no permanent internet, please if somebody know something let me know,

Good luck

Generally arrest records are permanent, although a judge can order it expunged. With today's technology, having it expunged still does not erase it from discovery by a motivated investigator. Same with the restraining order. A judge can seal court records but generally you need a pretty compelling reason, like national security, witness protection program, some kinds of sexual assault victim records or whatever.

You bet a judge can order anger management, alcohol treatment, or domestic violence courses. You just request that in front of the judge. A judge might order a record sealed or expunged after successful completion of an anger management course. Judges do what they think is in the best interest of society, not the person before them. She better have a lawyer that knows what he is doing to argue such a thing.

Filed: IR-1/CR-1 Visa Country: France
Timeline
Posted

Generally arrest records are permanent, although a judge can order it expunged. With today's technology, having it expunged still does not erase it from discovery by a motivated investigator. Same with the restraining order. A judge can seal court records but generally you need a pretty compelling reason, like national security, witness protection program, some kinds of sexual assault victim records or whatever.

You bet a judge can order anger management, alcohol treatment, or domestic violence courses. You just request that in front of the judge. A judge might order a record sealed or expunged after successful completion of an anger management course. Judges do what they think is in the best interest of society, not the person before them. She better have a lawyer that knows what he is doing to argue such a thing.

Thanks for your reply, that means the same judge in the next hearing date who can order anger management, or domestic violence courses?

Filed: K-1 Visa Country: Ukraine
Timeline
Posted

Begood a judge can pretty much order anything, however does the person you love want to change their life, if so this things you want will be great. Some marriage consueling might help also. IF A PERSON DOES NOT WANT TO CHANGE THEY WILL NOT CHANGE. I wish you all the best, and as all of us say be careful. Grace and peace to you

Filed: Other Country: Brazil
Timeline
Posted

Is this case about Sarah? well if she does not wish a permanent restraining order against him,I hope she will not post here in a few months asking how to file I-751 waiver based in extreme cruelty,because once she says to the Judge that she does not fear for her life, her credibility with USCIS about extreme cruelty will be ruined.

 
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