Even if you do not have a green card, you can still obtain an order. The courts are not required to advise the Department of Homeland Security Immigration and Customs Enforcement. The judge will not inquire about your immigration status. The judge, does however, inquire as to the details of the necessity to protect you. I advise my clients to gather documentary evidence of abuse, retaliation or any threats. I like to provide to the judge concrete incidents and not abstract or hypothetical instances. Thus, it is best to record “nasty or threatening” messages, take photographs of acts of vandalism, or email or written communications which are “dangerous” in tone.
The procedural requirements of filing this motion is best handled by an experienced attorney. Certain documents must be completed and filed with your local Clerk’s Office. I will request an experienced process server or even the local Sheriff’s Department to serve the opposing party. It is crucial to serve appropriately all necessary parties. The first thing the judge is going to require is proof of proper service.
If the opposing party is present, a full blown hearing may take place. As a result, an attorney who is experienced in examining witnesses is a must. In addition to strong documentary evidence, I also like to bring forward supporting witnesses. It is crucial, if available, to bring in percipient witnesses to any threats or violence that has occurred between my client and the opposition.
I also protect my clients in both the criminal and civil arena, if applicable, by obtaining both orders in these two arenas. A criminal PO will always have a priority over a civil RO. If the contents are different between a PO and a RO—the PO will prevail. I have had clients on both sides. If you are served with documents advising you that someone is seeking to place a PO or RO or both against you, hire an experienced attorney. Your rights to be heard must not be trumped. This is especially true in scenarios involving child visitation or any other personal relationship (ie. co-workers, neighbors). Keep in mind as I noted in my last article, if you disobey the order, you can be arrested and criminal proceedings may be initiated.
Whether you are the one seeking the order or the one fighting the order, hiring an effective attorney is critical to insuring that your rights are not infringed upon. These orders are taken very seriously by both the court system and the law enforcement agencies. Consequently, filing or responding to them must be done diligently.