Restriction Order? Apply for VAWA as a Man? [split topic]

[Casper54 5]

Sandra is an attorney since 1989 and has handled more then 6000 vawa cases.I could certainly vouch for Sandra as I have approached Sandra with my case and my Vawa case was approved, knowing the fact I personally did not have even one single document with regards to commingling finances.

Edited January 9, 2015 by Casper54

[Villanelle 4,121]

hi,i"m reading this topic for a few weeks now and i understand that i'm not the only one in a difficult situation.Since i got married my life became a nightmare,i don't even remember how many pills i toked to calm my depression.My wife has a bad behavior because drugs and alcohol .

I loved her and tried to help and convince her to go to rehab but she gotten even more aggressive every time we wore talking about this.I don't want to talk more details about this,but I realized this life is not for me and I don't deserve it.After this all the problems started,she started to spent all my money savings and after 2 weeks being gone for work she changed all the lock doors and basically kicked out from my own apartment,and now i leave at friends houses sleeping on couches and plus she filled an order of protection against me because she is afraid of my reactions.After calling me and texting me over and over with no answer she decided to damage my car,when she is on drugs and alcohol she calls my family and lies to them about me,my mom 2 weeks ago had a hard attack because she believed her lies.Now she is threatening me with calling immigration if i dont come back to her.I did the police report showing that she is calling and texting me after she filled the restriction order,and my question to you is :can i get a restriction order against her or can i apply to VAWA as a man,i hope somebody can help me .Thank you !

This is your question-

can i get a restriction order against her or can i apply to VAWA as a man

The simple answer is yes, you can do whatever you want. You are allowed to file any forms you like- but the real question is will they be approved? So lets go back into your post a bit...

i don't even remember how many pills i toked to calm my depression.

Pills from where? Prescriptions? From a US Dr? What kind of meds?

and after 2 weeks being gone for work she changed all the lock doors and basically kicked out from my own apartment,and now i leave at friends houses sleeping on couches and plus she filled an order of protection against me because she is afraid of my reactions.

You put too much info into this one sentence. Okay, so you left for work for 2 weeks and came home and she locked you out. Then you add in she filed an protection order against you because she is AFRAID OF YOU> Im assuming it was GRANTED yes? As you are asking if you can file one back..

This is a problem. It is very hard to get a VAWA as a man or a woman with a restraining order against you. Basically speaking there is one sided abuse- where one party is abusive and the other side does nothing- they are a victim and then there is "mutual abuse". Where two people are just horrible to each other. They each give it to the other badly. You hurt me so I hurt you. No one is saying there is not abuse. Yes the man abused the woman in that situation and the woman abused the man`. And they do need help and are victims. But the VAWA law does not apply in that "mutual abuse" situation.

.I did the police report showing that she is calling and texting me after she filled the restriction order,

Thats good. A restraining order doesnt have penalties though for her attempting to contact you only if you contact her. Im not sure how long ago the order was issued, if its temp or permanent. If you didnt have a lawyer represent you at the hearing for it you may want to get one, or contact the one you used for it and let them know about her contacting you. Perhaps you can get the order lifted. That would help your life in general. Not just a potential VAWA claim but life in general.

As Sandra already stated nothing posted meets the criteria for VAWA. I can understand not wanting to post the intimate details of your life online. But I feel most people choose the most relevant parts to post- the meat and potatoes so to speak and leave the secret spices out. And theres nothing in the meat or potatoes that says VAWA. There is always the option of seeking out a consultation with a VAWA attorney to explain the intimate details of the story where there may be something more

[ydu1 6]

I'll have to agree with melanieuk, VAWA can also be define as the use of force/power to cause hardship(it doesn't have to be physical) it can be mental abuse base on individual circumstances. I will also disregard the no-way out answers giving by the so called lawyer and others. i witnessed cases that get approved under vawa that were very similar to yours. Start putting together evidences like police report, restriction order doc., pills you took that helps your depression which arise due to your wifes abuse and any other evidence at your disposal that supports your story.My final conclusion will be get a lawyer and file the form, attach all the copy of the evidence and when they call you for an interview you are set to go. Good luck and be bless.................................

Edited January 10, 2015 by ydu1

[Villanelle 4,121]

Wow this thread is like the twilight zone. What is going on here? I feel bad for the guy who posted this. All he want was a simple consensus of opinion before going to a lawyer and this is the rubbish VJ provides him?

Topics like this have been posted in this section of the forum countess times before. Probably an average of once a week. Its a classic. Do I have a VAWA case. Just like in the other section its constantly posted- what are my chances for a tourist visa or a waiver. So whats with all the hate here?

Everyones situations is different. Telling someone I know someone who was in a situation kind of like you and this is what happened doesnt mean anything. Because its "kind of like". Nothing is exactly like. And those little differences can make a big difference. Whats the difference between entering with inspection and entering with OUT inspection. One little word on the forms - out- but what a difference it makes.

Advising to find loopholes in the law? The laws not perfect but it shouldn't be exploited. And since we dont mold our story to fit the law we apply the law to the story that we have. To the truth of what happened, to what is life.

-------

Based on his written statement above- if he was to submit that to a VAWA adjudicator he would be denied. There is no abuse written there according to VAWA. Drunk/drugged spouse-not abuse. Being kicked out-not abuse. Wife talking ####### to his family-not abuse. Wife spent his money-not abuse, Wife threatening to call immigration - not going to be seen as abuse because its written she is calling me right now to come home or else she is going to call, not Ive been living in fear for a long long time afraid to leave because immigration will deport me/ and even then they would have to view it as psychological abuse.

[j&ana 363]

Wow this thread is like the twilight zone. What is going on here? I feel bad for the guy who posted this. All he want was a simple consensus of opinion before going to a lawyer and this is the rubbish VJ provides him?

Topics like this have been posted in this section of the forum countess times before. Probably an average of once a week. Its a classic. Do I have a VAWA case. Just like in the other section its constantly posted- what are my chances for a tourist visa or a waiver. So whats with all the hate here?

Everyones situations is different. Telling someone I know someone who was in a situation kind of like you and this is what happened doesnt mean anything. Because its "kind of like". Nothing is exactly like. And those little differences can make a big difference. Whats the difference between entering with inspection and entering with OUT inspection. One little word on the forms - out- but what a difference it makes.

Advising to find loopholes in the law? The laws not perfect but it shouldn't be exploited. And since we dont mold our story to fit the law we apply the law to the story that we have. To the truth of what happened, to what is life.

-------

Based on his written statement above- if he was to submit that to a VAWA adjudicator he would be denied. There is no abuse written there according to VAWA. Drunk/drugged spouse-not abuse. Being kicked out-not abuse. Wife talking ####### to his family-not abuse. Wife spent his money-not abuse, Wife threatening to call immigration - not going to be seen as abuse because its written she is calling me right now to come home or else she is going to call, not Ive been living in fear for a long long time afraid to leave because immigration will deport me/ and even then they would have to view it as psychological abuse.

I fail to see how your post is any different then others that have posted on here. No one is hating on the op, you have only posted what the majority on here posted that it would be very hard for the op to file VAWA. I merely stated that it his money if he want to hire a lawyer then that is his money to waste, no one is suggesting that he breaks the laws, but a good lawyer might be able to help him, but a lawyer is not going to work for free

[Sandra G. 5,009]

Ydu1 which interview are you talking about sweetheart? THERE IS NO INTERVIEW FOR VAWA CASES! It's adjudicated by Vawa Unit in Vermont. Thank God you are not a Lawyer,otherwise your client would be screwed.

[ydu1 6]

Ydu1 which interview are you talking about sweetheart? THERE IS NO INTERVIEW FOR VAWA CASES! It's adjudicated by Vawa Unit in Vermont. Thank God you are not a Lawyer,otherwise your client would be screwed.

I am sure lawyer man approved 600,000 vawa cases. Cases that involved i-485 + i-360 are sent to the local field office for adjudication even when the i360 Is approved. Nowadays they pass out lawyer degrees like paper it's amazing.

[TBoneTX 43,014]

This thread is in grave danger of being locked, with administrative action taken against several participants. Last warning.

VJ Moderation

[Ryan H 3,790]

***One off topic post removed along with post quoting; one member thread banned for failing to heed a prior warning from a Moderator.***