Legal Question in Family Law in New Jersey
Can I do this when faced with TRO?
My wife has been emotionally harrasing me for a long time and I now intend to return to my home country after staying here in US for 2 years on temporary H1 work visa. I am concerned about this:
She is on a dependent visa and can't stay legally if I leave US. But she doesn't want to leave US and I worry that she may get a TRO against me for some flimsy reason to either stop me from leaving US or to get possession of the home I bought. Can she insist that I be detained during TRO? Can I leave during that period - what are my options? Can I insist on taking the car that I own and can I sell it? If she gets that car can I 'secretly' drive it away and sell it?
I would appreciate if you can briefly advise on any or all the above. Thanks a lot.
1 Answer from Attorneys
Re: Detained to face TRO charges
I do not often advise not contesting false restraining order charges; however, in your case, if your objective is to leave, this may work to your advantage. The nice(?) thing about TRO charges (procedurally anyway) is that the hearing on the FRO (Final Restraining Order) is relatively quick. If you were found guilty, the main result is an Order keeping you away from her. There generally is no prohibition against your movement around the country or even the world. The main prohibition is that you can't contact or be near the victim. How much further could you be away from her than if you were in another country? CAUTION: Before you take this advice, seek legal counsel. This is a very unusual situation and I do not want to see you get caught on some detail that was outside of the scope of your question, that I may have missed. This advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. Good luck! Rob Gleaner