Domestic Violence before marriage

[TBoneTX 43,549]

A judgmental post that imported drama from another thread has been removed.  Administrative action has been applied.

Edited June 29, 2018 by TBoneTX

[NancyLyz 58]

On 6/27/2018 at 9:31 PM, sadjourney said:

Hello

while on my k1 fiancé visa I was arrested and charged with domestic battery level 1. I was released 12 hours later on an OR. My first court appearance is in July.

 

My fiancé is not pressing charges but the state that I live in is.

 

I have since got married to my fiancé and I am out of status. I am curious how this might effect my adjustment of status and I’m very afraid I’ll get deported.

 

Any advice would be helpful. I am not sure if I should talk to an immigration attorney and or a family law attorney.

 

Thank you 

 

Im ashamed and sad about it , I really want to a advice 

 

For Indiana,

Source: https://statelaws.findlaw.com/indiana-law/indiana-domestic-violence-laws.html

The penalties for domestic violence related charges in Indiana depend on several aggravating factors. Generally, domestic battery is a Class A misdemeanor. However, it's a Level 6 felony (lowest felony level) if the person has a prior domestic battery conviction or it was committed in front of a child under 16 who could have seen or heard the incident.

Basic battery is typically a Class B misdemeanor. In comparison, aggravated battery is a Level 3 felony, unless it results in the death of a child under 14 by a defendant at least 18 years old, then it's a Level 1 felony.

 

For California,

Source: https://www.shouselaw.com/domestic-violence243e1.html#2.2

2.2. Immigration consequences

Domestic battery is in some ways a minor offense, and the potential penalties are not that severe. However, non-citizen defendants need to be aware of the potential immigration consequences of a California conviction for this crime.

Because domestic battery is a crime of domestic violence, it is a so-called “deportable crime ” under federal immigration law.²¹ This means that—even if you are here legally—you may face deportation proceedings after a conviction for this offense.

According to Rancho Cucamonga domestic violence defense attorney Neil Shouse²²:

“Because all domestic violence convictions can have serious immigration consequences, defendants who are immigrants should speak with a skilled domestic violence defense lawyer as soon as possible. It is especially important to speak to an attorney who understands immigration law—not just criminal law—before pleading guilty to this offense.”

 

And here is a list of state laws on domestic violence or abuse:

http://www.ncsl.org/research/human-services/domestic-violence-domestic-abuse-definitions-and-relationships.aspx

 

 

 

Well I'd hope the OP doesn't abandon the thread and at least be honest with what was going on.

 

Your partner's forgiveness is not a proof to the government that you're not a threat to the society. Thus the state is pressing charges even if your wife refuses to do so. I don't know how severe it has to be for a domestic violence case but as many have suggested, lawyer up. You will need a lot of legal help to get your immigration case back on track and probably to avoid jail time. If by any means you're deported, then it's also up to you and your wife to decide whether you're going to continue the marriage and where you're going to spend your life together. 

 

 

 

 

[David & Diana R 1,005]

On 6/28/2018 at 4:30 PM, Orangesapples said:

It's not unfortunate, it's very good actually, because many victims can't just let go of their abusers. People should be accountable for their crimes against others. 

I disagree.  Many couples have arguments, and some unfortunately turn physical, sometimes by accident, sometimes not.  Folks lets face it.  People make mistakes.  People do and say things in the heat of the moment.  I was not and am not condoning domestic violence.  I will say though that it appears to me that the OP must love his spouse as he married her after the "incident".  People ask for forgiveness and forgive each other.  It should not be up to the court to decide if the charges should be dropped in my opinion.  When I said unfortunately I meant in this case in particular.  When someone steals your TV and you call the prosecutor and tell him of her to drop the charges, maybe because you have pity on the burglar the prosecutor will be happy to drop the charges.  They do not force you to proceed.  I know sometimes we have to "help" a victim whether they like it or not but there has to be reason.  

[Orangesapples 1,954]

7 hours ago, David & Zoila said:

I disagree.  Many couples have arguments, and some unfortunately turn physical, sometimes by accident, sometimes not.  Folks lets face it.  People make mistakes.  People do and say things in the heat of the moment.  I was not and am not condoning domestic violence.  I will say though that it appears to me that the OP must love his spouse as he married her after the "incident".  People ask for forgiveness and forgive each other.  It should not be up to the court to decide if the charges should be dropped in my opinion.  When I said unfortunately I meant in this case in particular.  When someone steals your TV and you call the prosecutor and tell him of her to drop the charges, maybe because you have pity on the burglar the prosecutor will be happy to drop the charges.  They do not force you to proceed.  I know sometimes we have to "help" a victim whether they like it or not but there has to be reason.  

It's very common for abusers to marry their victims, so that they can continue with the abuse. It's even more common for victims to want to stay despite being abused. And it's the most common thing for violence to escalate over time. 

 

OP can hire an attorney to help him. That's all the advice he can get. 

[Unidentified 2,930]

16 hours ago, David & Zoila said:

I disagree.  Many couples have arguments, and some unfortunately turn physical, sometimes by accident, sometimes not.  Folks lets face it.  People make mistakes.  People do and say things in the heat of the moment.  I was not and am not condoning domestic violence.  I will say though that it appears to me that the OP must love his spouse as he married her after the "incident".  People ask for forgiveness and forgive each other.  It should not be up to the court to decide if the charges should be dropped in my opinion.  When I said unfortunately I meant in this case in particular.  When someone steals your TV and you call the prosecutor and tell him of her to drop the charges, maybe because you have pity on the burglar the prosecutor will be happy to drop the charges.  They do not force you to proceed.  I know sometimes we have to "help" a victim whether they like it or not but there has to be reason.  

Of course he married the spouse. I am not saying this is the case with the OP but many domestic abusers want to marry and control their victim so they can continue and even escalate the abuse. Maybe she didn't feel like she had any other choice than to marry at this point.  I really hope, for the sake of the wife, that this is not the case.