Tier-1 Extension - Domestic Violence

[victim06]

All

I need urgent advise on my current situation. I am on Tier-1 Visa which is due for extension in next few months. I was recently accused of domestic violence by my wife who complained to the police and then filed for a non-molestation order. Police released me without charges because of no evidence. Initially I was given an ex-parte non-molestation order by the court which I contested. But during contested hearing, the jury ruled against me and decided to extend the non-molestation order.

She had absolutely no evidence against me except for her lies and letters of support from Social Services and GP/Hospital records (all based on her version of story). I am really worried whether this will have an impact on my extension. I understand that I need to approach an immigration expert but right now completely drained out of cash because of court cases.

If any of you have gone through similar situation or know someone who experienced this, I would be really keen to listen. Please PM me if required. Thanks a lot.

p.s: Currently we are living separately and she is still in the UK.

[Obie]

Well the good news is that Non- Molestation order is not a conviction, but breach of it could lead to a criminal conviction, that may even land you in jail.

I will advice you to keep away from her, seek professional anger management help if you are the cause. Many men are sometimes in denial of these things, although there are growing trend of women from certain culture making these allegations, which are mostly false, and hoping to secure a visa, and justifying there departure from their marital home.

Have you got any children, or is she dependant on your visa.

Try and keep your head down.

You may need legal assistance along the way.

[victim06]

Thanks Obie. But don't I have to declare non-molestation order outcome as it is a civil court judgement against me. I am really afraid that it may affect "Good Character" reference.

Yes, have a daughter (3 yr) who lives with her. She is still living here as my dependent (Tier-1).

[Obie]

A non- molestation order is not a Civil Court Judgement. It is a civil court order.

It confers a lot of discretion on the judge, or does not need to examine evidence or balance evidence of fact. He has a wide discretion.

In any event you not be refused on the basis of it.

However breach of it,is a serious matter.

Try and make arrangement for access to your daughter, and keep no contact with her.