I have been falsely been accused of D.V. and was hit with a T.R.O., but I think I have a strong case...what do you think

Asked over 1 year ago - San Diego, CA

He got a green card through me but abandoned the marriage after a week of the arrival of his conditional green card , I reported him to immigration for green card fraud , he has no way to prove that he entered the marriage in good faith , so his last chance was to file a false D . V . to try to remove his conditional status through V . A . W . A . by using 1 year old e - mail . BUT . . . I have bunch of emails from him AFTER that e - mail of mine where I told him that would cut off his balls and his head where he 1 ) asked me to cancel our divorce ; 2 ) said he loves me numerous times ( to trick me in canceling the divorce , which he knew would hurt his green card conditional status removal eventually ) ; told me lots of times how he missed me , called me baby and honey . Then I've got 2 emails from him

Additional information

mentioning killing me and shooting me, though he can say he was joking, but still. He also showed interest in wanting to return to me, so basically I have all these proof to say that your honor if he is so threatened by me from that 1-year old e-mail, then why he did not file this 9 months ago, for example, why he says that my dad is threatening him too, but does not include my dad in this T.R.O. (shows that he could care less about dad since my dad has nothing to do with his green card lol), and why would he write me all these sweet emails if I supposedly threatened him before he wrote me all this. I have not even seen him for more than a year, and obviously he is safe and sound, so will this show the judge that the guy just wants his green card by victimization himself to later claim D.V. at immigration. Aren't restraining orders based within 30 days or something and not a year.

Attorney answers (5)

  1. Andrew Michael Limberg

    Pro

    Contributor Level 16

    7

    Lawyers agree

    Answered . You'll want to obtain a free consultation from a San Diego County defense attorney prior to the restraining order hearing. Depending on the facts of the case, you may be able to oppose the issuance of a restraining order, but you should have a defense attorney with you to ensure you don't do or say anything that could lead to a criminal prosecution, or possible negotiate a lesser alternative to an actual restraining order.

    Law Office of Andrew Limberg, APLC 380 S. Melrose Dr., #329 Vista, CA 92081 (760) 806-4381
  2. Kelvin P. Green

    Contributor Level 18

    6

    Lawyers agree

    Answered . 1) immigration requires the following to allow the individual to adjust on their own without the joint petition,,,

    " 1. You entered the marriage in good faith, but your spouse subsequently died;
    2. You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment;
    3. You entered the marriage in good faith and have remained married, but you have been battered or subjected to extreme cruelty by your U.S. citizen or permanent resident spouse; or
    4. The termination of your status and removal would result in extreme hardship."

    One email is not enough.

    "1. Evidence of the abuse, such as copies of reports or official records issued by police, courts, medical personnel, school officials, clergy, social workers, and other social service agency personnel. You may also submit any legal documents relating to an order of protection against the abuser or relating to any legal steps you may have taken to end the abuse. You may also submit evidence that you sought safe haven in a battered women's shelter or similar refuge, as well as photographs evidencing your injuries; and
    2. A copy of your divorce decree, if your marriage was terminated by divorce on grounds of physical abuse or extreme cruelty."

    He is using the courts to gain further documentation

    2) Emails of the nature you have may not overcome a threat... The best thing you can do is get an attorney. You do not want to go this alone. Youwill need agressive representation to fight it and establish there was no abuse.. There are legal ramifications beyond this case for you. Fighting this and being exonerated hurts him a lot for the fraud...dont wait find a go od attorney now...

    This is for general information only. Nothing in this information should be construed as creating an attorney-... more
  3. Seth Andrew Weinstein

    Contributor Level 15

    6

    Lawyers agree

    Answered . It sounds like you have a lot of evidence and explanations. Obviously you don't want the permanent Restraining Order granted. Therefore, you should hire a family law attorney or criminal defense attorney to fight for you at the permanent Restraining Order hearing.

    Seth Weinstein, Esq.
    Practicing throughout Southern California
    (310) 707-7131
    www.sethweinsteinlaw.com

    This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient... more
  4. David Philip Shapiro

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . Hire the best, locally experienced, defense attorney you can afford to assist.

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555
  5. William Peter Daley

    Contributor Level 17

    4

    Lawyers agree

    1

    Answered . Also, if you've been accused of DV you'll need a local Avvo criminal defense attorney to defend you in the DV case. If you end up pleading guilty in the DV case, the restraining order, and a host of other penalties, will be coming your way. Most of us offer a free consultation.

    http://lawofficeofwilliamdaley.com/san-diego-cr...

    I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California... more

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