I have a friend who is trying to get an exisiting retraining order against her ex husband extended for another year. She would like me to provide her with an affadavit stating any threatening behavior towards her that I have witnessed from him in the past year. I am in the process of getting a work visa as well as a permanent residency to go work and live in Quebec ( I am a U.S. citizen). Part of the process in obtaining this Quebec work visa and permenent residency will be the Quebec government performing a thourough background check on me. (I work for Nestle and the company is paying to transfer me there.) I am worried that if I provide my friend with the affadavit that she wants; her ex husband might take retaliatory action against me and file a restraining order against me. She says that she will be able to submit my affadavit to the Arizona Family Law courts and "black out" my name but I am not sure about that. Please advise
Country relating to Question: United StatesState (if USA): Arizona
Hello. My name is XXXXX XXXXX X will be happy to answer your question.Unfortunately, under the law the person against whom your friend is seeking an extension or his attorney, has the right to confront and examine any witness that submits an affidavit in support of the restraining against him.Because of that, not only your name cannot be kept private, but also you can be subpoenaed to testify in court during the hearing to extend the restraining order.
Experienced Licensed Attorney
If her ex husband does decide to retaliate against me and get a restraing order against me could this have a negative effect on me getting my work visa in Quebec? Another words if her attempts to get a restraing order against me would this be a matter of public record?
Dear Chloe,Thank you for your follow up.Unfortunately, if this ex files a police report or a petition for a restraining order against you, it would be part of the public records, however it is unlikely that it would be held against you, unless the ex does obtain a valid restraining order against you, however you would have to check with a local Canadian immigration attorney to find out what impact this potential restraining order issue would have on your immigration case in Canada.
So just to be clear there is no way that I can support my friend in her attempt to extend the restraing order that she has against her ex husband by providing her with an affadavit or a letter and still remain anonymus in the process?
Dear Chloe,Unfortunately, that is correct, there would be no way to keep your affidavit anonymous once it is filed to support an extension of restraining order.
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