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HelloThis is Samuel and I will discuss this and provide you information in this regard.So this is a Temporary Order that has been granted and your son is scheduled to be in court on the matter - correct?When he was served with this Temp Order, was there an Affidavit attached so he can read what she is basing this request on. In other words, has he reviewed her accusations?
Once you respond to my further request for information, I can provide you true and correct information on how to proceed.Thank you
Let's take one thing at a time. And so first I will provide information on the Temp Order and how to proceed as you requested in your original post.
As to the Restraining Order I suggest he consider the following:
1 - Get a copy of the Affidavit that she had to file in order to get the Temp Order. This can be obtained from the clerk of the court where the matter has originated. If he already has reviewed the Affidavit then he needs to craft his answers for the court to those accusations.That means...
2 - He should have witnesses who know where he was on the dates and times that she is alleging the abuse. In other words, form an alibi as to his whereabouts and have witnesses who know this is just not possible.Please let me continue with what you have already asked before you respond at this time. Then you can ask further questions.
3 - The point of this hearing is he will want to show the court that not only is she lying, but that he would never hurt her, he has never harmed her or threatened her and that he would not want to harm her. He is looking forward to a divorce so she can go about her own way.4 - If he has character witnesses who have ever seen him with her and the loving way he has cared for her, he will want to have them in court so he can present them, if needed.5 - Now, when in court, it is going to be up to him to remain calm. Regardless of what she says, he should not become agitated or respond to her until it is his turn to talk.
I will continue...
6 - If he does not feel that he is able to remain calm and show the court he is not a violent or threatening person, then he needs to consider having a local attorney appear with him.
7 - As to reporting her to Immigration, yes. He should do that. It is important that he inform immigration the he feels her motive for the marriage was only for the green card.
If there are other questions at this time, please ask them here and I will provide the information.
Remember, the biggest thing your son needs to do is show the court he is not a threat and that he would never ever harm her. That her accusations are totally bogus. He will want to remain silent during her testimony. When it is his turn to talk, talk only the the Judge. Do not acknowledge her. Do not shake his head at her comments, do not roll his eyes, etc.
I am sorry that he got caught up in this and with this person who obviously only attached to him for the Green Card.
I do not participate in phone calls offered by this site. We will need to continue here.
Here is a link so you can look for your local USCIS office.
And I am sure he wants nothing to do with her, however, he cannot allow her to try to agitate him in court. That is very important.Your son should tell the court where he was on the dates and times of the accusations, present witnesses as to his character and demeanor, explain that he is not a threat, never been a threat and only wants the divorce to proceed.
And that a restraining order is totally unnecessary and will only harm his future.
And he can state that because of the divorce, she is simply using the courts and this process to get even with him.
Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.Thank you