Wife is in Jail w/ misdemeanor

[knowledge 0]

If the country of where she comes is the one in your profile, we can easily know now that those types of countries function with fraud and corruption; thus,her actions of irrational behaviour she is showing of what you say, has deep roots...she needs counselling...this is what i would ask at the next hearing, or file something like of harrasment that she stops right away to project her mental state with the law on you...Best of wishes!

How do we "easily" know this? And what do you mean by "those types of countries"?

This is one couple's situation - give me a break, stop drawing baseless conclusions about an entire country.

Are you sure you are well informed about what's going on in the world?

[zqt3344 21]

True stuff SusieK - how it is and reality, you are right. And this is sure to fire up some people but the truth is that the laws in the USA a great deal of the time are not designed in favor of the man, they are strictly one-sided in favor of the woman in domestic issues, sad but true.

the comment above is totally out of line here how you can defend a violent woman ? my suggestion keep her away from you as far as possible and i hope she will get what she deserves , after all you have done for her , if she can not apriciate it , i am sorry but then she should go back to her country , maybe she will wake up and learn something out of that ! sorry but this is my opinion ! Good Luck to you ....

if you mean my comment is out of line then you are reading it wrong...i wasn´t defending anybody and i wasn´t taking anybody´s sides...i also understand you had some similar experience so you are speaking out of anger...its so simple for everyone to say she should go back to her country...i guess you guys can´t even imagine what it can feel like for someone to be taken away from where they grew up, put somewhere where they know nothing and then you just say send her back...after you want her to try start a new life with u there? how many more changes do you want from a person in a year? you ever tried quitting your life and starting a new life on the other side of the planet? and it doesn´t really help being in usa and hearing so many things on the radio against immigrants etc...then one doesn´t feel very welcome there...

anyways..what i wanted to say...i was suggesting that she should seek a psychologist´s help who could help her deal with her situation better and overcome some struggles or issues she might be having...wasn´t defending violent behaviour...just saying everything has it´s reasons or roots somewhere and can be dealt with some professional help

Just wanted to let you know i am an Immigrant too , i left everything for my Husband back in Germany and yes you right it is not easy i was often Homesick at the beginning and my husband wasn't that much help for me either , but i would never ever attack him for that or hurt him in such kinda way , and no i am not speaking out of anger i am long time over that , the Relationship i was Talking about is 13 years ago , I just think it is Wrong to find excuses for such behaviour , and talk everything nice when it isn't , i think if you would be in such situation you would understand better what the people here are talking about , somebody who never experienced a violent partner have no Idea how humiliating it can be ...

Side bar here, be prepared to present your argument clear and precise at the motion of hearing. In my line of work, working with men to fight these DV (domestic violence issues) can be tough. Women dont take me wrong here, but there is a common practice going on right now, and putting aside what she is really trying to do and YES I HAVE SEEN THAT DONE ALSO, its a revenge act at its finest.

A DV issue is not a felony or misdemenor unless violated. But first the Judge must approve the motion that yes this is probably what happened, and in most cases they do for they want to err on the side of caution. BUT have your police report ready, and all supporting documents. Hopefully the Judge is good and sees through this farce. I am not defending your other half by any means here, just have seen it too much in the last five years and your case smells of falling into the same guidelines. Keep your arguments short and precise.

One item I may say to you that some people do not do. During a Civil dispute as this, as I assume you are to show up in Family Court, could be wrong, but they do not provide Court Reporters to record this issue, just the Judges notes are obtained. In order to file an appeal or to present the case to USCIS at a later date, you may want to have a Court Reporter there for the full hearing review. JUST A HUGE FYI - I had one person who did not and the Judge ruled in favor of the woman's complaint even though the husband presented facts of not even being there at the time of the incident. And he had two witnesses to attest to this. At that point of the hearing, the Judge was not even paying attention. MOTION GRANTED - Restraining Order placed into effect for indefinite time period. He could not appeal, no court reporter.

Good Luck to you but saw this one coming, she means to stay mate, and she is being coached. Also PLEASE NO CONTACT PLEASE PLEASE not even through a friend, only through a lawyer can this be done. HEED THIS WARNING PLEASE!!!

Cheers

Susie

p.s every state is different in how these cases are handled but again in the four states that I have worked with for clients, they are in the Family Courts division. sigh for you.

[zqt3344 21]

You speak volumes of honest truth knowledge in what you say! So true!

First of all I'd like to thank all of you for your kind words of encouragement and understanding. I apreciate your comments and points of view. Some very good comments, thank you all.

For those of you suggesting I buy a plane ticket back for her, I already offered that and she does not want to go back.

Here's an update:

I had gotten a call from the State Attorney's office to see if I would agree for them to give her Pre Trial Diversion. Which would pretty much mean that she gets to go to Anger Mgt classes for 6 months and a few other conditions and they drop all charges. I have always felt that my wife would be coming back at me with a vengeance, making me out as the bad guy here and just try to make things miserable. So I refused and asked them to NOT give her that.....I want them to prosecute her. Sound harsh right??? I'm a bad guy??? It would seem so. I actually was 50/50 about it but decided to think about my future.

Well, I was right. I was served today with a Temporary Injunction (aka Stay Away Order) that my wife filed against me!! In it she accuses ME of being the one that hit her and abused her on the night she was arrested. Which it TOTALLY FALSE. I DID NOT lay a hand on her at all. She pretty much made up a huge lie that I was hitting her and that she bit me in self defense. And that when she was going to call the police on me I took her phone away and called the cops b4 she did. Just totally a ridiculous accusation. I now have to go to friggin court again next week to fight that. I honestly could not believe it. As of now there's a Stay Away Order against her becuase of the arrest and now she's filing one against me. She made one up back in Oct and it was dismissed when we went infront of the judge. I'm sure it'll happen again. But it's just the odacity she has to just lie through her teeth like that.

I am 99.9% sure she is being coached by someone telling her to do all this anyhow. And she's building all this thing up to present it to Immigration when she has to renew in June 2009. She'll use the Domestic Violence as an alibi or excuse to try and get her Permanent Residency.

I have a feeling that this is going to be one looong never ending ride...........

If the country of where she comes is the one in your profile, we can easily know now that those types of countries function with fraud and corruption; thus,her actions of irrational behaviour she is showing of what you say, has deep roots...she needs counselling...this is what i would ask at the next hearing, or file something like of harrasment that she stops right away to project her mental state with the law on you...Best of wishes!

[Thai Rath 1]

If the country of where she comes is the one in your profile, we can easily know now that those types of countries function with fraud and corruption; thus,her actions of irrational behaviour she is showing of what you say, has deep roots...she needs counselling...this is what i would ask at the next hearing, or file something like of harrasment that she stops right away to project her mental state with the law on you...Best of wishes!

How do we "easily" know this? And what do you mean by "those types of countries"?

This is one couple's situation - give me a break, stop drawing baseless conclusions about an entire country.

Are you sure you are well informed about what's going on in the world?

What news source has published anything having to do with a link between fraud, corruption, and female domestic abusers in Venezuela or "those other countries"? I hope other Venezuelans or their mates are reading your outrageous claim...

Mystery, I'm sorry you're in this situation - I hope you're getting some support and will see your way out of this soon.

[mystery 0]

Update:

I went to the Injunction Hearing yesterday and as expected it was dismissed, "no just cause".

The judge, which was male, drilled her and told her that she needed to prove that I was the one being physically abusive on the day she was arrested. She obviously had no evidence, because I never even raised a finger at her. He asked for pictures, witnesses, anything and she had nothing.

The only word that I said in the whole hearing was "no", when he asked me if what she claims was true.

I'm very relieved that I got this out of the way, but so stressed out because this is like a never ending nightmare.....

Now we will wait for her court date in mid January where they'll officially try her for misdemeanor.

Thank you guys for your comments and suggestions

mystery

[Krikit 1,163]

Excellent news, Mystery. Congratulations.

[SusieK 3]

Update:

I went to the Injunction Hearing yesterday and as expected it was dismissed, "no just cause".

The judge, which was male, drilled her and told her that she needed to prove that I was the one being physically abusive on the day she was arrested. She obviously had no evidence, because I never even raised a finger at her. He asked for pictures, witnesses, anything and she had nothing.

The only word that I said in the whole hearing was "no", when he asked me if what she claims was true.

I'm very relieved that I got this out of the way, but so stressed out because this is like a never ending nightmare.....

Now we will wait for her court date in mid January where they'll officially try her for misdemeanor.

Thank you guys for your comments and suggestions

mystery

Very good Sir - best of luck to you in the future issues you will have to deal with - Cheers and sometimes the system does see through this farce as Judges are becoming more prone to grill per se the petitioner on these issues, and yes it is true, total abuse of a law put into effect to protect that has been negotitated for other means.

Again great news!!!!

[Alt name 1]

Outstanding my friend, as much as it bothers me to see this fall out like it has, i know that if you do nothing, are never anywhere you aren't supposed to be, and always do what you are supposed to do, the courts really are fair. I hope you can move on and find what you are looking for.

Regards,

David and Nitadyah

Update:

I went to the Injunction Hearing yesterday and as expected it was dismissed, "no just cause".

The judge, which was male, drilled her and told her that she needed to prove that I was the one being physically abusive on the day she was arrested. She obviously had no evidence, because I never even raised a finger at her. He asked for pictures, witnesses, anything and she had nothing.

The only word that I said in the whole hearing was "no", when he asked me if what she claims was true.

I'm very relieved that I got this out of the way, but so stressed out because this is like a never ending nightmare.....

Now we will wait for her court date in mid January where they'll officially try her for misdemeanor.

Thank you guys for your comments and suggestions

mystery

[zqt3344 21]

DEPORT HER NOW, CONTACT ICE! This woman does not need to be in the USA at all!

Outstanding my friend, as much as it bothers me to see this fall out like it has, i know that if you do nothing, are never anywhere you aren't supposed to be, and always do what you are supposed to do, the courts really are fair. I hope you can move on and find what you are looking for.

Regards,

David and Nitadyah

Update:

I went to the Injunction Hearing yesterday and as expected it was dismissed, "no just cause".

The judge, which was male, drilled her and told her that she needed to prove that I was the one being physically abusive on the day she was arrested. She obviously had no evidence, because I never even raised a finger at her. He asked for pictures, witnesses, anything and she had nothing.

The only word that I said in the whole hearing was "no", when he asked me if what she claims was true.

I'm very relieved that I got this out of the way, but so stressed out because this is like a never ending nightmare.....

Now we will wait for her court date in mid January where they'll officially try her for misdemeanor.

Thank you guys for your comments and suggestions

mystery

[Mary Lou 673]

[b]DEPORT HER NOW, CONTACT ICE! This woman does not need to be in the USA at all! [/b]

Outstanding my friend, as much as it bothers me to see this fall out like it has, i know that if you do nothing, are never anywhere you aren't supposed to be, and always do what you are supposed to do, the courts really are fair. I hope you can move on and find what you are looking for.

Regards,

David and Nitadyah

Update:

I went to the Injunction Hearing yesterday and as expected it was dismissed, "no just cause".

The judge, which was male, drilled her and told her that she needed to prove that I was the one being physically abusive on the day she was arrested. She obviously had no evidence, because I never even raised a finger at her. He asked for pictures, witnesses, anything and she had nothing.

The only word that I said in the whole hearing was "no", when he asked me if what she claims was true.

I'm very relieved that I got this out of the way, but so stressed out because this is like a never ending nightmare.....

Now we will wait for her court date in mid January where they'll officially try her for misdemeanor.

Thank you guys for your comments and suggestions

mystery

Your like a fecking broken record

[StillThePrettiest 3]

one that has been over-simplified to the point of irrelevance

[athena_ny 1]

one that has been over-simplified to the point of irrelevance

[idocare 3]

Mystery,

I totally understand what your going thru because my ex-husband took me thru events similiar to yours without the DV ( although he did call the police and clained I hit him ) Once I filed a adjustment of statis he too beginned starting argumemts packing and leaving for a few hours and eventually left for good.

On the day that he left he too filed a restraining order with the courts against me claiming that I was harrassing him and the like, then he didn't show up for court, I think he thought all he had to do was to file one so that he could show immigration as evidence .

I believe my ex filed and I-360 claiming that I abrused him but I can't be sure as you will find out that immigration won't talk about her case to you once you and her separate.

But he too was very abrusive towards me then turned everything around and said that I was abrusive towards him, he has no evidence only lip service, he keeps accusing me of following him around and the such so I can only imagine what he's telling imigration. And u like me are the only person that really knows who was the abrusive one once signed

My heart goes out to u, my ex is still here so far and still lieing on me good think u did call the cops when she attacked u now u do have some form of proof to your story, for many people it's hard for them to believe that a person would go through all that just to get sway from u and remain in this country but it happens often, I believe so many people r so embarrassed that they don't mention it and just disappear from this site altogether and just give their SO the divorce they wanted why all the while knowing that they infact had been scammed.

Best wishes to u and please keep posting as events occur.

[idocare 3]

Mystery,

I totally understand what your going thru because my ex-husband took me thru events similiar to yours without the DV ( although he did call the police and claimed I hit him ) Once I filed a adjustment of statis on his behalf he too beginned starting argumemts packing and leaving for a few hours and eventually left for good.

On the day that he left he too filed a restraining order with the courts against me claiming that I was harrassing him and the like, then he didn't show up for court, I think he thought all he had to do was to file one so that he could show it to immigration as evidence .

I believe my ex filed and I-360 claiming that I abrused him but I can't be sure as you will find out that immigration won't talk about her case to you once you tell them that you and her no longer are together, but they should be able to talk to u about your part of the visa process.

But he too was very abrusive towards me then turned everything around and said that I was abrusive towards him, he has no evidence only lip service, he keeps accusing me of following him around and the such so I can only imagine what he's telling imigration. And u like me are the only person that really knows who was the abrusive ones .

My heart goes out to u, my ex is still here so far and still lieing on me good think u did call the cops when she attacked u now u do have some form of proof to bring to immigration, for many people it's hard for them to believe that a person would go through all that just to get away from u and remain in this country but it happens often, I believe many other people could share storied similiar to ours but r so embarrassed that they don't mention it and just disappear from this site altogether and just give their SO the divorce they wanted why all the while knowing that they infact had been scammed.

What's really sad is that I still tried to work things out with this man that I felt was half crazy and he wanted nothing to do with a reunion. So that's when I knew it was really over, and I went on and filed for divorce. My ex-husband was a medical doctor in his country Nigeria before coming here and had been denied a visa from the American embassey a year before he met me.

I too married my husband becasue I loved him, but as it turned out he married for other reasons.

Best wishes to u and please keep posting as events occur.

[Austin_Volgograd 0]

Update:

I went to the Injunction Hearing yesterday and as expected it was dismissed, "no just cause".

...

mystery

Congrats on this step!

I'm truly sorry that you've been through this. I wholly understand your point of view and have an abusive wife also. Unfortunately, the police did not take pictures and I don't have the evidence you had for the DV charges. All I have is a police report that most say isn't worth the paper it's printed on.

In the meantime, SHE gets to live in MY house, while I pay HER spousal support and ALL utilities and luxuries in the house (satellite TV, high speed internet, cell phone, home phone, etc.), while we go through the divorce process.

On top of all that, she's somehow managed to travel to California and Lake Tahoe for her birthday in September, to travel to Russia in October to "dump" her daughter there (so she can do what she wants her in Austin TX), and travel yet again to Russia for a Christmas vacation! She's been there for over two weeks now and I have no idea when she's coming back - maybe some time in January.

She's trying hard to get monetary benefits out of our short marriage. I filed for divorce after 10 months of marriage and after she was here in Austin for only 2 weeks! I'm holding out until after December 31st so I can still claim married status on the tax return. And after the bankruptcy is done, then the divorce will be final. DAMN!

I'm exhausted physically and emotionally. This woman was/is very mentally and emotionally abusive and manipulative. She has slandered and libeled me to all she communicates with. I know I'm stuck for the moment. And I can only hope that she realizes soon that Texas does NOT have alimony and she won't be able to afford to stay in Austin. I will NOT be paying for her to stay in the Hilton while she applies for low-paying jobs that she can't get with her inadequate level of English.

Anyways, mystery...

Best wishes on the outcome of your case and speedy recovery from the hurt you have endured.