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violation of temporary injunction

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Old Aug 20th 2004, 12:58 pm
  #1  
Rjdusa
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Default violation of temporary injunction

I am a British Citizen living in Florida for the passed 10 years, here on a
E2 visa

Recently after a 18 month my girlfriend ended our relationship I tried via
e-mails and telephone calls to try to stay on friendly terms but things just
got from bad to worse. She has taken out a temporary injunction against me
for Dating Violence which a hearing has been set for September 13th.

On August 1st she called the sheriff to say I had made contact with her I
was immediately arrested and taken to jail where I spent 36 hours in a
detention center. I now face a violation of the injunction charge for
domestic violence although I have never as much has raised my hand at her.

I now hear that she is planning to call immigration to try and get myself
and family deported

Can someone please help and explain my rights and whether if prosecuted for
the above offence can I and my children be deported

Will Immigration indeed listen to her in this case and take an interest?
 
Old Aug 20th 2004, 1:04 pm
  #2  
Joachim Feise
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Default Re: violation of temporary injunction

rjdusa wrote on 8/20/2004 17:58:
    >
    > Can someone please help and explain my rights and whether if prosecuted for
    > the above offence can I and my children be deported

Get a lawyer ASAP. Domestic violence is a grave topic.

-Joe
 
Old Aug 21st 2004, 12:04 am
  #3  
Landrover
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Default Re: violation of temporary injunction

Dating violence is not domestic violence. There is no suggestion of physical
violence in this case.

The injunction is normally a requirement to maintain a distance from the
other party. It is not a criminal case. Breaking the injunction is a
criminal case.

Question is, will Immigration be interested now in the injunction violation.

Maybe Folinskyinla could advise on this?

MC




"Joachim Feise" <[email protected]> wrote in message
news:[email protected]...
    > rjdusa wrote on 8/20/2004 17:58:
    > >
    > > Can someone please help and explain my rights and whether if prosecuted
for
    > > the above offence can I and my children be deported
    > Get a lawyer ASAP. Domestic violence is a grave topic.
    > -Joe
 
Old Aug 21st 2004, 1:08 am
  #4  
Ray
 
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Default Re: violation of temporary injunction

Originally Posted by Landrover
Dating violence is not domestic violence. There is no suggestion of physical violence in this case.
There does not have to be actual violence .. stalking is also considered to be violence.. see Florida Statutes 784.046

As the OP admits he broke the injunction.. depending on the statute he is charged under..it could be a first/second degree misdemeanor and could receive jail time from 60 days to one year..especially if there has been previous convictions.. but for a first offence most likely a management style program. if found guilty..
Enlisting the aid of a Lawyer is a must do..
It is unlikely to be of interest to USCIS until your renewal date ..
Ray is offline  

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