Surprise!

[Wayne]

Yesterday, a police officer came to the door.  He had a court order from New York.  It says I must stay away from O, her house, her job, education, etc.

O's two year green card expires in October.  She must be trying to show abuse or something.  She filed the court order in June; it was signed by the judge in July, ex parti.  I was out of the country most of the summer.  When I was at JFK returning, the passport control officer closed, his booth, took me and my passport to a room, where I sat and waited.  Finally, someone told me about the court order and asked a lot of questions.  I missed my next flight, but there was another 2-1/2 hours later. So I knew about the court order before the officer came to my house.

I hope that O is not going to cause me a lot of trouble!  I never did anything bad to her.

[Admin]

Yesterday, a police officer came to the door.  He had a court order from New York.  It says I must stay away from O, her house, her job, education, etc.

O's two year green card expires in October.  She must be trying to show abuse or something.  She filed the court order in June; it was signed by the judge in July, ex parti.  I was out of the country most of the summer.  When I was at JFK returning, the passport control officer closed, his booth, took me and my passport to a room, where I sat and waited.  Finally, someone told me about the court order and asked a lot of questions.  I missed my next flight, but there was another 2-1/2 hours later. So I knew about the court order before the officer came to my house.

I hope that O is not going to cause me a lot of trouble!  I never did anything bad to her.

Wayne,

Have you consulted with an attorney?

If there is a restraining/protective order issued (and it seems there is), she has already taken steps to cause you a lot of trouble and if you do not take immediate legal actions to counteract it, you may be faced with life-long consequences.

I urge you to find the very best attorney you can afford and review your case, and these developments, with them POST-HASTE.

- Dan

[Boethius]

I agree with Dan.  Hire the best lawyer you can in the city in which the order was issued.  Advise of the last time you had contact with your ex (in any manner whatsoever - in person, phone, internet, mail).  Let the lawyer know you were out of the country over the summer. 

[GoodOlBoy]

When I was at JFK returning, the passport control officer closed, his booth, took me and my passport to a room, where I sat and waited.  Finally, someone told me about the court order and asked a lot of questions.

I don't suppose you had an attorney present while you were being questioned?
Were you given your Miranda warning?
GET A LAWYER WAYNE....NOW!!

GOB

PS....On second thought, do yourself a favor Wayne and DON'T post any more information about this situation until you speak to an attorney. It will come back to bite you.

[acrzybear]

I don't suppose you had an attorney present while you were being questioned?
Were you given your Miranda warning?
GET A LAWYER WAYNE....NOW!!

GOB

As he was not in custody or being charged with a crime Miranda does not apply.  He more then likely popped up in NCIC as having a R/O and was detained until they could determine if he did need to be taken into custody by the authority that issued the R/O.    The best thing you can do Wayne is to get professional legal help, people are usually to emotionally involved and do stupid things (which seem like a good idea at the time).

[GoodOlBoy]

As he was not in custody or being charged with a crime Miranda does not apply.

Yes sir, I was thinking the same thing......so (not knowing NY law or maybe federal?) he could have left without answering ANY questions? Correct?

I mean, if you are not under arrest than you are free to go...correct?

They can only "detain" you for questioning (which you don't have to answer any questions) for so many hours and then they either have to charge you or let you go, correct?

GOB

[GQBlues]

Hhhmmm.....

A woman you divorced over a year ago (and one you allegedly haven't seen, contacted, followed, stalked, etc) and had since been living with her boyfriend in a completely different state, all of the sudden filed a restraining order on you for no apparent reason other than you believe she's doing this because her 2 year GC is soon to expire?

Yes, you should pay the money and get yourself an attorney, in case he can advise you more than a cautionary 'do everything you can to stay away from her'; which you should have known before/during/after, have no reason to do so, and haven't done (according to you) to begin with.....

OTOH, if I were her, I just assumed get an immigration attorney than to be expending monies, time, and effort filing a restraining order from an ex-hubby who I've been divorced with for over a year and one who have had no obvious need or interest in contacting, following, spying, stalking me at all. None whatsoever.

After all, I'm already living in the city I want to live in, living with the man I want to live with, and away from my ex-hubby I do not want to have anymore to do with...

That would have made a heck of a lot more sense on her part, doesn't it?

[SMS60]

Wayne

What was the reason on the order? Judges like to hand these out like candy at a parade.

This seems strange? Have you been in contact with her? and why?

The reason it was issued should tell you how to proceed. If you never talk to her or see her what would she need a protective order for? Remember some states will see a phone call as violation of the order.

[tim 360]

Wayne,

You definitely need a lawyer now on your side.  She has simply been setting the stage for her GC expiration and having a Restraining Order and probably a list of the many times you "abused" her will help her.  In NYC and in most states there are women's groups who will coach her and represent her.  You are on your own.  Get the lawyer.

[Wayne]

The order is temporary and expires on 30 Sep. I have 30 days to respond. No reasons are given on the paper. I was out of the country for 6 weeks when all of this was taking place. I was with someone else 24 hours per day during that time.  I have passport stamps, visa, airplane tickets, etc. for evidence. 

I know it is possible to order a transcript of the court records to find out what O said to the Judge.

[Vaughn]

... do yourself a favor Wayne and DON'T post any more information about this situation until you speak to an attorney. It will come back to bite you.

IMHO, this is the soundest advice - along with everyone's recommendation to retain legal counsel.

[remiel6]

Nothing I write can be taken as legal advice **** Federal government has ultimate authority over who enters and doesn't enter the country. The rules when it comes to such things are slightly different than they might otherwise be. Please call an attorney, be honest with the attorney. Often times in  court we order temporary restraining orders (for domestic violence cases) in advance of a court date or while a legal proceeding in going on. Was there a court date you missed for something? Either way call an attorney and photo copy the stamps on the passport in case you lose your passport and keep them in a different location.

[ECOCKS]

You need to be talking to a lawyer, not reading this forum.