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girlfriend threatens to go to police/immigration because

Discussion in 'Passports and Visas' started by GOGROUPER, Jun 10, 2013.

  1. nice_sherwood

    nice_sherwood DI Senior Member

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    There is a restraining order in philippines but i think you have to have the lawyer do it and wait for the court to grant it then forward it to the cops. Im not too sure of how it works but i know there is.
     
  2. brian ausie

    brian ausie DI Forum Patron

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    read up on crimes against women Philippines, I have heard that the law has changed slightly in the man's favor but cant confirm that, I have been there done that it's not nice, better have some cash handy if you get nabbed for your bail .
     
  3. Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    A better question is what will a court grant it for? I'm sure it costs some duckets and is issued on Filipino time but is something I wouldn't hesitate to follow through on with a girl like this. I'd laminate it, frame it, post it on my door, tattoo it on my body....whatever it took just to have incase I ran into the girl or was found dead somewhere.
     
  4. nice_sherwood

    nice_sherwood DI Senior Member

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    I believe that they will grant it and i dont think its costly. I think they only need a proof that the person1 is in danger and person 2 is proven that can cause harm to person1 it could be verbal or physical abuse. Hang on there, ill check it in my email. I had it there from my attorney, lol
     
  5. nice_sherwood

    nice_sherwood DI Senior Member

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    @wrye- in australia we call it AVO or apprehende violence order in philippines its called TRO Temporary Restraining Order, then it will be elevated to preliminary injunction then to permanent injunction.

    You can always go to a good attorney and tell him what you want done and he will do it for you. Theres no reason for the court not to grant it if is believed that the person applying for a tro is in danger.

    A command of the court issued upon the filing of an application for an Injunction, prohibiting the defendant from performing a threatened act until a hearing on the application can be held.


    A restraining order is an official command issued by a court to refrain from certain activity. Restraining orders are sought by plaintiffs in a wide variety of instances for the same reason: the plaintiff wishes to prevent the defendant from doing something that he or she has threatened. Restraining orders are used in a variety of contexts, including employment disputes, Copyright infringement, and cases of harassment, domestic abuse, and Stalking. All restraining orders begin with an application to the court, which decides the merits of the request by using a traditional test. Limited in their duration and effect, restraining orders are distinguished from the more lasting form of court intervention called an injunction. Generally they are sought as a form of immediate relief while a plaintiff pursues a permanent injunction.


    A court submits a request for a restraining order to one of several tests. These tests vary slightly across different jurisdictions, but generally they involve the analysis of four separate factors: (1) whether the moving party will suffer irreparable injury if the relief is not granted; (2) whether the moving party is likely to succeed on the merits of the case; (3) whether the opposing party will be harmed more than the moving party is helped; and (4) whether granting the relief is in the public interest.


    Usually, restraining orders are not permanent. They exist because of the need for immediate relief: the plaintiff requires fast action from the court to prevent injury. Seeking a permanent injunction can take months or years because it involves a full hearing, but the process of obtaining a restraining order can take a matter of days or weeks. For even faster


    relief, moving parties can seek a Temporary Restraining Order (TRO). These are often issued ex parte, meaning that only the moving party is present in court. The TRO usually lasts only until an injunctive hearing involving both parties can be held.


    Harassment of an individual can result in a permanent restraining order. This command of the court is also called a protective order. All states permit individuals to seek a restraining order when they are subjected to harassment by another individual or organization, typically involving behavior such as repeated, intrusive, and unwanted acts. Application for such an order usually is made to the district court. If granted, it prohibits the party named from initiating any contact with the protected party. In the 1990s most states passed anti-stalking laws designed to protect women from criminal harassment by men. These laws generally require that a plaintiff first secure a restraining order before criminal charges can be filed.
     
  6. Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    Surprise surprise, same wording as American law. How do you prove 'verbal abuse' though?
     
  7. nice_sherwood

    nice_sherwood DI Senior Member

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    Ask the lawyer wrye lol. Do you mind spending 300 pesos for a consultation? Lol
     
  8. Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    Lol my gf gives me no grief but if she did I wouldn't hesitate to spend the 300. As for defamation of character in your post.....that's funny, I defame my name on my own enough, I have no standing on half the accusations made on me.......although I will deny them to my death. :wink: "Secret only!". sh*t, p*ss drunk at 3 PM already. Ignore all posts from this point on today.
     
  9. PatO

    PatO DI Forum Luminary Highly Rated Poster Showcase Reviewer Veteran Marines

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    I am not proud to say that I experienced some of what is happening to you. My gf of 8 months in Makati, whom I really cared for, turned out to be a liar and a cheater, enough so that I told her I would pay her way back to Iloilo or she could go back to living with her aunt in Makati. Long story short, first suicide was slicing both wrists and fortunately a neighbor saw what was happening and wrapped her. Of course she called me on the phone and told me what she was going to do and did the 10 down to one countdown and hung up the phone. The second time, while living with me, she overdoses on my pain pills and other meds and had to rush her to Makati Hospital to have her stomach filled with charcoal or something to absorb the toxin and then pump that crap out of her. The head Pysch saw the cuts on her wrists and wanted to keep her in the nut ward. I was afraid that would send her over whatever edge was left so I talked her aunt into getting her out. In between and after she would get under my bed and pound her head on the tile screaming that she wasn't going to leave. I finally told her that she was ruining my health and had to go and I would pay her money to set up a fish delivery business (bike and stainless steel side car) in her home town, plus other cash, and a plane ticket. Once she left we kept in touch for a while. She finally joined her sister working in a bar or something in Puerta Princessa and got knocked up. She never threatened to go to the police because I had the medical records backup and I never laid a harmful hand on her. Bottom line, I was willing to pay whatever it cost to help her to to her next chapter and me to mine. After she left, I went down to Dauin for Diving and met my wife-to-be. It was actually a hard but good experience for me because I learned a trophy GF doesn't necessarily bring happiness. Good luck GOGROUPER. The storm will pass.
     
  10. Morkal

    Morkal DI New Member

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    I think you must consult with any lawyer and file for that so that you must protect yourself if anything wrong happen in near future with your girlfriend.In this way you can protect yourself as well as you will not be deport or caught under any other legal action.
     
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