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Sanjay Sethi
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Sanjay Sethi’s Answers

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  • My dad went to jail for a misdemeanor. Now he is goin to get deported what should we do ?

    They said he had a case in Texas in 1988 for deportation but they closed that case.My dad has social security and had working papers. He has being paying taxes for 27 years & he put in his papers form his job. And his court date was going to be so...

    Sanjay’s Answer

    Absolutely, you should hire and immigration lawyer who focuses on deportation defense. It will also be helpful for you to consult with a criminal attorney so you can try to vacate your father's conviction from 25 years ago. Incidentally, we are a full service deportation defense and criminal law firm. Feel free to contact us for a free consultation.

    Sanjay Sethi, Esq.
    sethi@sethimaz.com
    www.sethimaz.com
    Office: 201.606.2267
    Mobile: 917.886.8288
    Fax: 201.595.0957

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  • What can I do in order to file counter-charges / sue my roommate who pressed false charges against me?

    My housemate has been harassing me often on for a few months. Two weeks ago, he threatened me with violence & I filed a complaint with the police. They sent me to domestic court for a restraining order, the judge said that it would only be tempora...

    Sanjay’s Answer

    Though I would need more information, it seems as if your roommate has gotten a temporary restraining order or TRO against you and may have also filed criminal charges against you. I would encourage your other roommate to file charges against the first roommate based on the physical altercation. You will ultimately have a final restraining order or FRO hearing in Middlesex County Court for the restraining order you have against your roommate and the one he has against you. Additionally, you may have criminal charges against you in New Brunswick municipal court, but I would need more information. It is advisable to have an attorney in both matters so your story can be heard. If you have any questions please feel free to call me at 9178868288.

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  • How do I know that my husband was served with a FRO and can he appeal the FRO after 45 days?

    I was recently granted an FRO against my husband and he has violated it already. He told me he was never served with it because he never showed up to court the day it was granted. Could he still get in trouble if he said he never received it? I ...

    Sanjay’s Answer

    Even if he was not served with the FRO, your husband could still get in trouble for contacting you, provided that he was served with the Temporary Restraining Order (TRO) that was issued earlier. In case your husband was served with the TRO, any contact your husband made with you would constitute a violation of a court order. However, if he was not served with the TRO and the FRO, it is highly unlikely that he will be charged with a violation of the restraining order.

    If your husband waited beyond the 45-day period to file an appeal, absent extenuating circumstances, he would be barred from filing the appeal. In any event, since he was not at the FRO hearing, it is hard to conceive of how he could make a successful argument on appeal. Good luck with your matter.

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  • I want to drop my restraining order on my fiance how can i do it?

    i put a restraining order on my boyfriend six months ago now i want to drop it how can i do it?

    Sanjay’s Answer

    A restraining order can only be dismissed by the court that issued it. Therefore, you must file a motion to dismiss the restraining order against your fiance with the court that originally issued the Final Restraining Order.

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  • Can I get in trouble for violating my own restraining order?

    I have a TRO against my husband but like an idiot I contacted him to try work on our marriage. I realize now that it was a big mistake and still want to keep it. Our hearing is next week and he said he will have phone records to prove that I cal...

    Sanjay’s Answer

    To answer the first question posed in the title of your post, you will not "get in trouble" for calling your husband while a TRO was in effect. The restraining order is meant to protect the victim from contact by the defendant, not vice versa. Only the defendant can violate the restraining order by contacting you; on the other hand, you cannot be criminally responsible for making contact with the defendant.

    With regards to the second question, the judge may consider the fact that you called the defendant after a TRO was issued in deciding whether or not to grant the FRO. In order to get a FRO against your husband, you will have to show the following at your hearing:

    (1) that your husband committed an act of domestic violence against you; and

    (2) that an FRO is necessary to protect you from immediate danger or further acts of domestic violence.

    With respect to the first requirement, you expressed concern that you did not have physical signs of abuse and that your case is essentially "your word against his." Most FRO hearings involve only testimony and come down to the credibility of one witness over the other, so I would not worry too much about the fact that there is no physical evidence.

    Regarding the second requirement, the calls you made to your husband will be used by the defendant to show that a restraining order is not necessary to protect you from immediate danger. In other words, the defendant will attempt to show that since you were calling him after the incident, then you were not really afraid of him and do not need the protection of a restraining order. It is difficult to say without knowing more about your case how heavily the judge will weigh the fact that you called your husband. To counter the defendant's argument, make sure you present all evidence that the defendant poses an immediate danger to you.

    Good luck with your hearing.

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