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Old 07-25-2006, 02:05 PM   #81
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Originally Posted by WickedLou9
really? Because I don't think you can get a restraining order unless you fear for your saftey.
You don't think so? Ok...
 
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Old 07-25-2006, 02:06 PM   #82
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Originally Posted by WickedLou9
what rights do you forfeit if you are not a legal US citizen?
Many, many rights. Is this an open ended question?
 
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Old 07-25-2006, 02:06 PM   #83
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Originally Posted by JaJae
That's debatable. She claims he was verbally abusive and was threatening to have her deported. Her only option is to leave. You don't need a restraining order for that.

My family has a restraining order against my father. He has never physically threatened or harmed any of us. We didn't get the order for our "safety".

Yeah, sorry, not every domestic arguement needs a restraining order.

Shit, not only did he want her to leave, he wanted her to leave the country. If that wasn't an opportunity for her to get out, I don't know what is. Just because two people get in a screaming match does that mean that restraining orders need to be dished out.

So, let's say I go ask for a restraining order because my spouse is "verbally abusive", and I have a gram of coke in my pocket, should the court over look that too because I'm there fearing for my safety?
 
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Old 07-25-2006, 02:06 PM   #84
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Originally Posted by JaJae
Many, many rights. Is this an open ended question?
I was asking for an example
 
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Old 07-25-2006, 02:08 PM   #85
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Originally Posted by WickedLou9
I was asking for an example
Ask one of the thousands of people who are fighting every month at the courthouses of your home state fighting for rights. I don't understand what argument you're making. Pick any right that's granted to only citizens, it's not hard.
 
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Old 07-25-2006, 02:10 PM   #86
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Originally Posted by JaJae
Ask one of the thousands of people who are fighting every month at the courthouses of your home state fighting for rights. I don't understand what argument you're making. Pick any right that's granted to citizens.
They are fighting for privelges that citizens have that non-citizens don't have. like social security, safe working conditions and the like.
 
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Old 07-25-2006, 02:12 PM   #87
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Originally Posted by WickedLou9
They are fighting for privelges that citizens have that non-citizens don't have. like social security, safe working conditions and the like.
OK, well, why should the get Social Security, when they came to this country illegally 10 years ago, and didn't pay into the system?

And safe working conditions? If they wouldn't have broken the law, and became a citizen when they came over here, they would have that.

What else do you think that everyone in the world should be entitled to that American's get?
 
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Old 07-25-2006, 02:13 PM   #88
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Originally Posted by WickedLou9
They are fighting for privelges that citizens have that non-citizens don't have. like social security, safe working conditions and the like.
So access to social security is a privilege, but being in a courtroom illegally and being threatened with arrest is what? Immoral?
 
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Old 07-25-2006, 02:14 PM   #89
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Originally Posted by IminWonderland
OK, well, why should the get Social Security, when they came to this country illegally 10 years ago, and didn't pay into the system?

And safe working conditions? If they wouldn't have broken the law, and became a citizen when they came over here, they would have that.

What else do you think that everyone in the world should be entitled to that American's get?
that's not what I said. I don't think they should get any of the "entitlements" that US citizens are afforded. That's another issue.
I am saying that if someone assaults them, they can still press charges. You can't steal from them simply because they are illegal. They should have all of the basic human rights that we believe all people are guranteed.
 
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Old 07-25-2006, 02:16 PM   #90
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Originally Posted by WickedLou9
that's not what I said. I don't think they should get any of the "entitlements" that US citizens are afforded. That's another issue.
I am saying that if someone assaults them, they can still press charges. You can't steal from them simply because they are illegal. They should have all of the basic human rights that we believe all people are guranteed.
Um, they do get those rights. Had her spouse hit her, beat her, or anything of the sort, she would get protection.

But going into court, complaining your spouse is going to deport your illegal ass, and then being shocked when the judge wants to do justice to the crime she intially committed, is called LAW. That IS justice.

Just because a person feels in danger, doesn't absolve them from the crimes they already committed.

By your logic, if a known serial killer wanted a restraining order, we shouldn't look at his crimes either because he is in need of "safety".
 
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Old 07-25-2006, 02:17 PM   #91
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Originally Posted by JaJae
So access to social security is a privilege, but being in a courtroom illegally and being threatened with arrest is what? Immoral?
When someone comes to a judge because they fear what thier husband might do to them and the judge tells her to GTFO or he will have her deported.. yes that's immoral.

For one the judge was a state judge with no jurisdiction on the matter of immigration whatsoever. He is bound by state law and he did not follow it.

entitlement programs are not the same as human rights.
 
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Old 07-25-2006, 02:17 PM   #92
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Originally Posted by WickedLou9
When someone comes to a judge because they fear what thier husband might do to them and the judge tells her to GTFO or he will have her deported.. yes that's immoral.

For one the judge was a state judge with no jurisdiction on the matter of immigration whatsoever. He is bound by state law and he did not follow it.

entitlement programs are not the same as human rights.
What did she fear? Justice? If you're a crack addict and your mother is yelling at you saying she's gonna call the cops, can you get a restraining order against her because you're afraid of what she might do to you?

I'm failing to see your comparison. She was doing something illegal. He obviously wanted her out if he was threatening to have her deported, yet she wouldn't leave. Not only wouldn't she leave, but she tried to get a restraining order against him? For what? What human rights did her husband violate? Where is the injustice here? The only injustice I see is that she's still in our country and living in our damn shelters eating more taxpayer money when she shoud have been on the first bus back to Mexico. Would have cost us less money.
 
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Old 07-25-2006, 02:18 PM   #93
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Originally Posted by IminWonderland
Um, they do get those rights. Had her spouse hit her, beat her, or anything of the sort, she would get protection.

But going into court, complaining your spouse is going to deport your illegal ass, and then being shocked when the judge wants to do justice to the crime she intially committed, is called LAW. That IS justice.

Just because a person feels in danger, doesn't absolve them from the crimes they already committed.

By your logic, if a known serial killer wanted a restraining order, we shouldn't look at his crimes either because he is in need of "safety".

That is exactly why restraining orders exist. So you don't have to wait untill someone is actually asaulted. You do need to have sopme proof for a RO. the temporary one is just that, temporary and the requirements for that are much less.
 
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Old 07-25-2006, 02:19 PM   #94
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Originally Posted by JaJae
What did she fear? Justice? If you're a crack addict and your mother is yelling at you saying she's gonna call the cops, can you get a restraining order against her because you're afraid of what she might do to you?
verbal abuse is only the first step in domestic violence. You can bet on someone who is mentally abusive like that to be physicaly abusive at some point as well.
 
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Old 07-25-2006, 02:21 PM   #95
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You can't get a restraining order for what you can "bet they may" do in the future. There was no threat of violance mentioned in this case.
 
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Old 07-25-2006, 02:22 PM   #96
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Originally Posted by WickedLou9
verbal abuse is only the first step in domestic violence. You can bet on someone who is mentally abusive like that to be physicaly abusive at some point as well.
Well, then she should leave him, and go back to Mexico with her parents.

Why does every spousal arguement have to require a restraining order?

What happened to people handling themselves?

He wanted her OUT. She should have LEFT. Period, no court necessary.

And you are ignoring my points of being in violation of laws when in court, and having them ignored because of the purpose of getting a restraining order.
 
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Old 07-25-2006, 02:24 PM   #97
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Originally Posted by IminWonderland
And you are ignoring my points of being in violation of laws when in court, and having them ignored because of the purpose of getting a restraining order.
Exactly. The way I look at it is similar to an escaped convict using the court system against their wife for threatening to call the po po.
 
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Old 07-25-2006, 02:25 PM   #98
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Originally Posted by IminWonderland
Well, then she should leave him, and go back to Mexico with her parents.

Why does every spousal arguement have to require a restraining order?

What happened to people handling themselves?

He wanted her OUT. She should have LEFT. Period, no court necessary.

And you are ignoring my points of being in violation of laws when in court, and having them ignored because of the purpose of getting a restraining order.
federal immigration law is outside of the jurisdiction of the state court and this the judge should not and can not threaten a person with enforcement of a federal law over which he can not rule. He should have ruled on the matter at hand and then if he decided it was best, reported the issue to the INS where it could be handled in a federal immigration court.
 
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Old 07-25-2006, 02:26 PM   #99
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Originally Posted by JaJae
Exactly. The way I look at it is similar to an escaped convict using the court system against their wife for threatening to call the po po.
that's not really the same.
 
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Old 07-25-2006, 02:26 PM   #100
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Originally Posted by WickedLou9
federal immigration law is outside of the jurisdiction of the state court and this the judge should not and can not threaten a person with enforcement of a federal law over which he can not rule. He should have ruled on the matter at hand and then if he decided it was best, reported the issue to the INS where it could be handled in a federal immigration court.
Local police are allowed to make an arrest in most states as far as I know.
 
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