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H1B got Restraining Order, filed by Wife on H4 in USA

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  • H1B got Restraining Order, filed by Wife on H4 in USA

    Hello,

    I am in USA on H1B with my Wife and Daughter on H4. I had very volatile marriage life. Me and my wife had arguments on some domestic matter and she started shouting loud. I tried to convince her and to calm her down but kept on shouting loud and neighbors called 911. There was nothing physical and same was told to Police by both of us but that day my wife gave me shock of my life time, saying she was a victim of Domestic Violence and I abuse her, been harassing her Physically and Mentally from past 4 yrs of our marriage life. Cops suggested me to leave for the day and come next day to talk to her and solve the matter at home, I left home.

    Next day, when I came back keeping hope that she would have now calm down and will talk, but police again came and gave me Restraining Order and notice to appear in court. In court other shock I got was my wife was claiming that I have beaten her in past in Inida and USA for Dowry and tortured. Judge gave orders in her behalf and order continuation of Restraining Order for 1 year and ordered to pay maintenance $2000 as they are dependent.

    I have few queries:
    1) Is there a legal way to send my wife and child back to India and which will desolve this restraining order?
    2) If my employer send me back to India, would there be any legal implication on me, as Restraining Orders are in effect?
    3) If I leave job and go back to India, would there be any impact on my H1B and my wife can file any Criminal offense against me for this in USA?
    4) How to know if my wife is planning or have filed any Criminal charge against me?
    5) If there is a Criminal Charge filed against me, would Police will notify me through phone, as I can't go to my home and access mailbox due to restraining orders?

    Kindly advice, how I can solve the situation and send them back to India or go back with family to India and resolve matter there, which will not have any impact on my H1B status.

    Please Suggest.

    Thanks.

  • #2
    There are so many key pieces missing to your story, although a temporary restraining order was issued on her behalf the fact that a judge put a restraining order in place for 1 year leads one to believe there is more to the story than you are telling as a judge is not going to issue a restraining order based upon hearsay, there has to have been some evidence that made the decision stick. Of course there are 2 sides to every story so I will be as neutral as possible in answering your questions.

    1. Sending your wife back to India will not dissolve a restraining order as this is a legal court enforced order so it will still apply. As it is a restraining order these generally require to you refrain from any contact with the individual. I honestly do not see her willingly going back home if she has not to this point expressed a desire to do so. So trying to make her go back will most definitely cause some unwanted legal trouble for you in my opinion and it seems like you are in enough as is.

    2. If your employer sends you back to India due to the implications of your current situation you will of course want to inform the courts of your loss of employment and they may possibly suspend the case or make you stick around until it is resolved. This can very well affect any chance of reentering the states on future occasions depending on if the there are pending charges or if the case was picked up by the state.

    3. Your wife can very well file charges against you (if she hasn't done so already) as this is a case of domestic violence (accused) . Even if she doesn't file charges the state can pick up the case and decide to file charges against you.

    4. It is impossible to know if your wife is planning to file charges short of asking her which in your case isn't really an option. It is best to seek the help of an attorney so that if any charges are filed, you will know immediately as they would be notified immediately. The courts would also notify you as well.

    5. You would like be notified via mail through a court summons or a deputy showing up at your door with an arrest warrant. My recommendation is that you update your address with the courts to where ever it is that you can be contacted so that you are not missing any pertinent communications with the courts, because I didn't get anything in the mail or i could not check my mail isn't typically the strongest defense in a criminal court case. But in any instance stay in constant contact with the courts so that you are always informed.

    In short there is nothing that you can do that won't impact your H1B status at this point as the damage is already done. This happened in the states so it will be resolved in the states. Either one of you going back to India is not solution as the moment you return to the US (if permitted) it will rear it ugly head again.


    Get a lawyer and try to get the charges if any dropped or lessened.



    This is not legal advice. Use at your own risk.

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