Protection Order

Five Green Bottles

Hi

I am not attempting to seek legal advise, An interim Protection Order has been granted against a friend of mine this week, It may not become a full protection order when the case is before the court in the coming weeks.

My question is as follows at this point (interim Protection Order) does this appear as a Criminal Record, is it recorded on the Garda Pulse System? the reason I ask as we intend to travel to the USA later this year and I am concerned about his ability to obtain a US travel visa.

Thanks anyone who reads this and I eagerly await the responses.

5GB

Manic087

I'm not 100% sure but as far as I know it's only a breach of the Order that then becomes a charge and therefore is put on the Pulse system. The Order currently in place shouldn't...but a solicitor would be the right person to check it with.

mcgarrett

No it is not recorded on PULSE system but as previous poster said any breach of the order will be recorded on PULSE as the offender will be arrested and charged.

JHdave

The Protection Order remains in place until the Court Hearing for the Safety/Barring Order. As mcgarrett stated, it is not recorded with the Gardai unless your friend is in breach of the Order.

Ensure your friend keeps themselves out of trouble with the applicant - if there is any violence or threats of violence towards the applicant, your friend can and will possible be arrested and this could pose problems for their trip to the USA.

Also, ensure your friend attends Court for the Hearing of the Safety/Barring Order. If they don't turn up they cannot oppose the application for Safety/Barring Order.

HotHHead

I know this is a bit late but just so you know, an interim protection order is on Pulse, it takes about 2 working days from when its granted.

Five Green Bottles

HotHHead wrote: »

I know this is a bit late but just so you know, an interim protection order is on Pulse, it takes about 2 working days from when its granted.

Hi
Thanks for your input I appreciate it, the problem for me is probably a selfish one. me and this lad have a trip booked to the USA. deposits, motorcycles booked hotels booked and tour guides booked too to do route66 on a 17 day trip. if the doesn't go ahead there will be a lot lost for me anyway. for me this is bad he/me have never been to America if he lies to immigration and they find out he can't go if he tells them he can't go, unfortunately its all on my credit card

HotHHead

I see your predicament alright, however I dont see this affecting it. A protection/Safety or Barring order are not conviction there court orders. As its not a conviction he doesnt need to put it on form.

schemingbohemia

Your mate will be fine, this is the question on the visa waiver application
Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?

Moral turpitude would not apply to a protection order.

Pro Hoc Vice

schemingbohemia wrote: »

Your mate will be fine, this is the question on the visa waiver application
Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?

Moral turpitude would not apply to a protection order.

It's not a conviction, but I would assume the facts leading to the protection order could very well involve moral turpitude, or is violence against a partner not a crime of moral turpitude.

HotHHead

infosys wrote: »

It's not a conviction, but I would assume the facts leading to the protection order could very well involve moral turpitude, or is violence against a partner not a crime of moral turpitude.

A protection order is an interim order before safety or barring order is granted, and is awarded without the respondant been present, it's based on the information from the appellant.

So the ops boyfriend hasn't even yet been able to give his versions of events, the appellant in this case could be completely making it up..

I dont think the ops boyfriend has anything to worry about.

Pro Hoc Vice

HotHHead wrote: »

A protection order is an interim order before safety or barring order is granted, and is awarded without the respondant been present, it's based on the information from the appellant.

So the ops boyfriend hasn't even yet been able to give his versions of events, the appellant in this case could be completely making it up..

I dont think the ops boyfriend has anything to worry about.

I never said anything else I simply pointed out an issue with the words moral turpitude. I said 1 it's not a conviction but in relation the the use of the word moral turpitude it could very well be a situation that does involve moral turpitude. But even if it does so involve moral turpitude as the condition precedent of a conviction does not exist so moral turpitude is not an issue.

schemingbohemia

Yes, sorry I was wrong, my understanding of moral turpitude and what it is or may be was wrong. I'd delete my post but that might make the thread harder to follow.

Holsten

This would have zero affect on any US Visa.

Five Green Bottles

many thanks to all who contributed here, the general consensus appears to be that there won't be a problem for US travel.

Appreciate all of the help.

Thanks Again

5GB