Arrested for domestic abuse

[Mc181987 0]

Hi, I got arrested for domestic abuse in August and I'm now I'm applying for green card. Here's the story: my now husband and I were fighting and because of that I wanted to leave the house but my husband wouldn't let me so he took my keys and my phone and he ran to the room and before he could come in I grabbed his arms and he was trying to push me away and went in the room and locked it. I was so mad I grabbed his laptop and threw it against the door and the neighbors thought he smashed my head against the door so they called the cops. I got arrested because in the state of California if a third party called the cops on you (this being the neighbors) they have to make an arrest and it was me because my husband had scratches on his arms and I didn't have any. i had a court date but when I got there they just made me leave with a waiver I didn't even get inside the courthouse. So now 8 months after I'm applying for a green card and on I 484 there is a question there that ask if you've ever been arrested or charged etc and I intend to say yes because I don't want to lie on my application but I'm worried that this might affect my application. Pls tell me what is the best course of action with this. I will greatly appreciate all the help. 

 

Thank you. 

Edited February 14, 2017 by Mc181987

[cristina16 81]

being honest will always go a long way. If they asked you to explain further then do, if you have any documents about that arrest attach it. 

[Teddy B 17,251]

Spousal abuse, assault and mayhem are all CIMT's and could prevent you from getting your green card and possibly render you deportable. You'll probably want to consult with an immigration attorney on the best way to proceed before filing your application. Lying is not an option.

 

There is no law that states when police are called by a third party an arrest must be made. What if the caller is lying, drunk, on drugs or just plain crazy? If there is evidence of an assault or destructive behavior, which in your case there was both, then the police will arrest the party responsible and quite often both parties.

Edited February 15, 2017 by Teddy B

[Transborderwife 4,666]

50 minutes ago, Teddy B said:

Spousal abuse, assault and mayhem are all CIMT's and could prevent you from getting your green card and possibly render you deportable. You'll probably want to consult with an immigration attorney on the best way to proceed before filing your application. Lying is not an option.

 

There is no law that states when police are called by a third party an arrest must be made. What if the caller is lying, drunk, on drugs or just plain crazy? If there is evidence of an assault or destructive behavior, which in your case there was both, then the police will arrest the party responsible and quite often both parties.

It could be like Florida.  In Florida if the police are called for a domestic violence situation someone must go to jail.

[Teddy B 17,251]

Just now, Transborderwife said:

It could be like Florida.  In Florida if the police are called for a domestic violence situation someone must go to jail.

Yes, if in fact there is evidence of a domestic situation. Just the fact that the police are called does not mean someone has to go to jail.

[Transborderwife 4,666]

Just now, Teddy B said:

Yes, if in fact there is evidence of a domestic situation. Just the fact that the police are called does not mean someone has to go to jail.

I've known of some who were arrested for simply raised voices heard by several.  But again this is Florida 

[Teddy B 17,251]

2 minutes ago, Transborderwife said:

I've known of some who were arrested for simply raised voices heard by several.  But again this is Florida 

Raised voices could equate to a domestic situation, depends on the cop. A lot of cops will simply arrest one or both parties to cover their own backs, but the law does not state if a call is made, someone must be arrested.

 

Quote

 

As a Jacksonville Criminal Lawyer, I have hundreds of people charged with Domestic Battery. Even though this is a misdemeanor in Florida, a domestic battery charge carries significant consequences.

JSO officers commonly tell people that if they are called out to a domestic battery call, they are required to arrest someone. This is not accurate. A police officer can arrest someone only if they can testify that there is probable cause to believe a crime has occurred. That means, based on the evidence they have in front of them, more likely than not the suspect committed the crime.

In many domestic battery cases in Jacksonville, there is no injury on the alleged victim. Even though there are no scratches, bruises, or red marks, a police officer can make an arrest for domestic violence if he or she believes there was an intentional touch against someone’s will.

http://www.jacksonvillecriminalattorneyblog.com/2010/08/if_the_police_respond_to_domes.html

 

 

Edited February 15, 2017 by Teddy B

[Unlockable 7,306]

I can confirm that in Florida if the police are called for DV then one or more of the parties involved can go to jail, however, the cases that I have witnessed was because there were PREVIOUS DV calls involving the same parties. But depending on how violent the DV is, for example, if one of the parties have visible bruising or bleeding a person can be taken to jail.

[Teddy B 17,251]

5 minutes ago, NuestraUnion said:

I can confirm that in Florida if the police are called for DV then one or more of the parties involved can go to jail, however, the cases that I have witnessed was because there were PREVIOUS DV calls involving the same parties. But depending on how violent the DV is, for example, if one of the parties have visible bruising or bleeding a person can be taken to jail.

Correct, I don't think that anyone is disputing that. If there is any evidence that an assault was committed, either verbal or physical, the officer is obligated to arrest the responsible party(s). However if there is no evidence that any crime was committed the officer can use discretion and not make an arrest, but more than likely will separate the parties involved for a period of time. The officer does have some discretion not to arrest in these cases, some will use it, some won't.

[Mc181987 0]

On 2/15/2017 at 4:38 AM, Teddy B said:

Spousal abuse, assault and mayhem are all CIMT's and could prevent you from getting your green card and possibly render you deportable. You'll probably want to consult with an immigration attorney on the best way to proceed before filing your application. Lying is not an option.

 

There is no law that states when police are called by a third party an arrest must be made. What if the caller is lying, drunk, on drugs or just plain crazy? If there is evidence of an assault or destructive behavior, which in your case there was both, then the police will arrest the party responsible and quite often both parties.

This is in California and when I got arrested the cops explained it to my husband that because they were called in by the third party they have to make an arrest and it has to be the aggressor. Like I said in the post I was trying to get my keys and phone back from my husband and he ended up having scratches on his arm when I had none so I was considered as the aggressor. My boyfriend bailed me out right away and no charges were filed

[Mc181987 0]

Laws are different for every state and it might be in your state that when cops are called it doesn't necessarily mean they have to arrest somebody but in California that's the law. They do have some discretion meaning if they choose not to arrest anybody they can especially if they were only being loud but in my case they had to because they saw scratches on my now husbdands arm. So I had to be arrested 

[caliliving 606]

11 minutes ago, Mc181987 said:

This is in California and when I got arrested the cops explained it to my husband that because they were called in by the third party they have to make an arrest and it has to be the aggressor. Like I said in the post I was trying to get my keys and phone back from my husband and he ended up having scratches on his arm when I had none so I was considered as the aggressor. My boyfriend bailed me out right away and no charges were filed

you should really talk to a qualified immigration attourney on your best course of action. 

[Teddy B 17,251]

On 2/18/2017 at 8:27 PM, Mc181987 said:

Laws are different for every state and it might be in your state that when cops are called it doesn't necessarily mean they have to arrest somebody but in California that's the law. They do have some discretion meaning if they choose not to arrest anybody they can especially if they were only being loud but in my case they had to because they saw scratches on my now husbdands arm. So I had to be arrested 

It is not the law, anywhere. You even state in your post that the cops have discretion, so which one is it? There is no law anywhere in the US that states "once the cops are called an arrest has to be made".

[Lemonslice 4,570]

On 2/18/2017 at 8:27 PM, Mc181987 said:

Laws are different for every state and it might be in your state that when cops are called it doesn't necessarily mean they have to arrest somebody but in California that's the law. They do have some discretion meaning if they choose not to arrest anybody they can especially if they were only being loud but in my case they had to because they saw scratches on my now husbdands arm. So I had to be arrested 

If it's the law, quote the law... 

 

Otherwise, attorney suggestions are appropriate.

Edited February 21, 2017 by Lemonslice

[Mc181987 0]

Like I said my husband had scratches on his arms which is a visible injury and they had to make an arrest.