Civil order of protection

[rajMarch212011]

Dear All,

I came to US in 2007. I was involved with a Greek girl (not USC) from Nov 2008 to April 2009. Where after I did not see any value in relationship and ended things from my end. I wasn't picking up her calls or responding to emails. She also stopped calling and emailing eventually.

On Dec 18, 2009 two officers from Sherrif's department served me a notice about a Civil Order of Protection and asked me to collect the documents from Court. They mentioned I am not supposed to have any contact with her (which I wasn't having anyhow).

As per the court document I came to know that she filed for Civil Order of Protection (as a revenge) sometime in July 2009 and besides false allegations she also mentioned wrong address for me. So I never came to know what was going on and did not get a chance to defend myself in court. After 2 months in September 2009 the Order of Protection was given to her without any intimation to me till Sep 2011. Then as I mentioned officer's served me the notice in December 2009.

The time frame expired in Sep 2011 and I have never had any form of contact with her or met her since April 2009. The Civil order of protection was never violated.

I have been in India since March 2011 and got my H1B stamped in Dec 2012 and would travel back soon. Can this Order of Protection on my record could be an issue? Can it be an issue for GC later on.

Please advice.

Thanks,

Rajat

[t75]

It possible could. You should contact an attorney in the state in which it was entered once you return to see if there might be a remedy.

[rajMarch212011]

Dear All,

I came to US in 2007. I was involved with a Greek girl (not USC) from Nov 2008 to April 2009. Where after I did not see any value in relationship and ended things from my end. I wasn't picking up her calls or responding to emails. She also stopped calling and emailing eventually.

On Dec 18, 2009 two officers from Sherrif's department served me a notice about a Civil Order of Protection and asked me to collect the documents from Court. They mentioned I am not supposed to have any contact with her (which I wasn't having anyhow).

As per the court document I came to know that she filed for Civil Order of Protection (as a revenge) sometime in July 2009 and besides false allegations she also mentioned wrong address for me. So I never came to know what was going on and did not get a chance to defend myself in court. After 2 months in September 2009 the Order of Protection was given to her without any intimation to me till Sep 2011. Then as I mentioned officer's served me the notice in December 2009.

The time frame expired in Sep 2011 and I have never had any form of contact with her or met her since April 2009. The Civil order of protection was never violated.

I have been in India since March 2011 and got my H1B stamped in Dec 2012 and would travel back soon. Can this Order of Protection on my record could be an issue? Can it be an issue for GC later on.

Please advice.

Thanks,

Rajat

Any thoughts from anyone. JoeF, Pontevichio, t75, attorneys please share your thoughts.

To add more details there were no other charges filed from her. Besides this I have a clean record except for a few parking tickets and a couple of speeding tickets.

Allegations as per court documents were a lot of phone calls and attempts to meet her personally against her will (thereby causing mental agony) and staying at her place in February 2009 after she asked me to leave (which is not true as in Feb 2009 I was in India).

Any thoughts would be helpful as I am still in India but would be travelling soon in Feb 2013.

Thanks,

Rajat

[pontevecchio]

Give the firm of Murthy a call and discuss the whole situation before you come over.

[t75]

Lack of service of legal notice can be an issue in some instances. An attorney would need to review the specifics of your case with state law.

[rajMarch212011]

Lack of service of legal notice can be an issue in some instances. An attorney would need to review the specifics of your case with state law.

Thanks a lot.

I would consult an attorney and post my experience.

Thanks,

Rajat

[Attorney_23]

In most situations, merely having a civil order of protection would not impact you from an immigration law standpoint. This is generally not considered criminal conviction (or even an arrest.) Of course, if someone violates such an order, that is another matter entirely.

[t75]

Attorney_23 and OP,

In my state these appear on a background search and can affect the ability to obtain an apartment, job, etc. In OP's case, I suggest that a consult with an attorney to address these other issues would be money well spent.

[rajMarch212011]

Attorney_23 and OP,

In my state these appear on a background search and can affect the ability to obtain an apartment, job, etc. In OP's case, I suggest that a consult with an attorney to address these other issues would be money well spent.

Thanks Attorney_23 and t75,

I would surely consult an Attorney and see if it can be expunged and removed from my record. After getting the notice I actually created a file with a lot of evidence including my phone history and email printouts along with all AR11 forms I filled out on each address change and USPS address change acknowledgement letters and stuff like that. If a Judge is willing to listen he/she might see that i wasn't given a fair chance and their is no corroborative evidence submitted by my friend against me. It was in Chicago, IL by the way if that is of any importance.

Also, for others, I would like to add that I did travel to India and back in 2010 while the Order was still in force but there were no issues at POE.

Thanks,

Rajat

[Attorney_23]

Thanks Attorney_23 and t75,

I would surely consult an Attorney and see if it can be expunged and removed from my record. After getting the notice I actually created a file with a lot of evidence including my phone history and email printouts along with all AR11 forms I filled out on each address change and USPS address change acknowledgement letters and stuff like that. If a Judge is willing to listen he/she might see that i wasn't given a fair chance and their is no corroborative evidence submitted by my friend against me. It was in Chicago, IL by the way if that is of any importance.

Also, for others, I would like to add that I did travel to India and back in 2010 while the Order was still in force but there were no issues at POE.

Thanks,

Rajat

In general, it would be a violation of an individual's due process rights to fail to notify him/her of a legal proceeding s/he is a party to. I suggest you check with an attorney in your state (perhaps someone who works in the area of family law) to determine whether this is something worth pursuing.