Domestic violence case on victim by abuser wife,whether to clear (dismiss) DV case or apply VAWA parallely

[jpsingh 0]

I am in china now, and my DV case is pending in Fort worth Texas.

My situation and bearings: I (victim) was forced into criminal behavior by abuser and then my wife and her family alleged me for DV. I was Alone there.

social isolated : they broken my phone sexual exploitation. ECONOMIC AND EMPLOYMENT RELATED ABUSE IMMIGRATION-RELATED ABUSE Through open harassment, the abuser publicly demonstrates his control over the victim. Harassment can humiliate a victim by portraying her as weak and subordinate. Public humiliation may also be a culturally based form of extreme cruelty, particularly among cultural groups that highly value privacy. As i have DV ticket ( in hurry, as i was feared) on me as my wife and her parents alleged me for violence.

I paid the ticket online (under my chienese friend pressure as i was unaware about meaning of paying) that but i have to appear in the court on 16th dec to contest.

I have below queries, If anybody can help, It will be great.

OR do we have any Criminal Attorney who can guide me well in this difficult time.

I have below options , which i have summarized..

Contest> As its my first DV case and i have 30 years of clear history without any crime, I should not bother too much and I have to present my character certificates and police verification, is that can be fine to convince the judge that I did everything in my Defence. or any other good proof to make my side stronger.

contest > if i come , I feel unsafe ,while landing in USA and then living...how can resolve that issue. Can i have restraining or protective orders before DV court appearance.

contest > how can i get free legal help and shelter help.

contest > can this will continue in multiple trials in front of jury

contest > will...witness be there or not during my appearance.

contest > how the trial will proceed.: Single day close or multiple days

contest > What is the maximum punishment in this case...Can it be raised to ( Class B, A felony ) IF THEY PUT MORE CHARGES ON ME.

contest> what are the various evidence (proof) can be allowed to prove that I am the real victim and they abused me. like affidavits, recordings or doctor reports etc.

contest > How i can remove charges that from putting into my records.

contest > what is the guarantee that they have not any other case on me, can we check from anywhere about my arrest warrant on my. I fear i may be arrested on airport.

contest > also if my VAWA is approved, will my DV ticket automatically cleared after my appearance.

contest > is there any free service or NGO or Human right protection group who can help me financially.

contest > what if my wife withdraws immigration papers and i am inadmissible in USA. can i come USA on my visitor visa to contest the case and then file VAWA.

NO Contest > what if I say i dont want to contest due to my inablity to come USA..as I admissible..Will it go to my records or Arrest warrant

plead guilty > does Class C misdemonr or plead guilty will impact my VAWA application. paid but not stated .What if i don't go back to USA to appear in the court as I have already paid online the DV ticket paid but not stated

plead guilty> What reason to give i have paid the ticket....but my written statement is pending. paid but not stated

plead guilty> I have already paid the ticket , but not appeared in court, does it go into my records...if not , then can file VAWA now before DV case resolution.

Extension > how many months we can extend.

Extension > how many times we can extend.

[Boiler 44,852]

All good questions to ask your Lawyer.

[jpsingh 0]

All good questions to ask your Lawyer.

Thanks for your reply.

But i need some help of NGO s who can help.

This group is so vast, I am sure all have great knowledge and suggestions to share about.

[Cheezees 1,514]

I think your lawyer is your best option. You do have 25+ questions, many of which a layperson cannot answer. While this group is vast, we are not legal counsel. Seek legal counsel.

[Sandra G. 5,038]

Time hire an attorney.

Edited December 10, 2015 by sandranj

[belinda63 3,020]

We are not criminal attorneys nor can we give legal advice. Many of your questions are specific to your case and would need an attorney who can look at the charges and determine what has or has not happened.

[Sandra G. 5,038]

Time to hire an attorney I meant to say.

[nane1104 146]

I have no answers to your question but have a question for you, just out of curiosity- why did you leave the US?

I'd be worried that your wife might pull her affidavit of support and your AOS is getting canceled, making you inadmissible to the US. I don't know what that would mean for your criminal case, but it can't be good.

You really need to lawyer up!

[IcezMan_IcezLady 582]

It this the follow up to this case?

http://www.visajourney.com/forums/topic/571371-will-i-lose-my-temporary-green-card-if-my-us-citizen-wife-divorce-me-or-withdraw-i-130/page-2

Your chances of getting the GC which is your main concern is slim as several ppl told you on that post.

I won't say it is impossible but you still haven't got a LAWYER. You cannot DIY your way out of this if you can a better shot at this.

Good luck!

[KierenHby 897]

Very complicated!!

India.. China.. money.. green card..

This wasn't a marriage, it was a negotiation.

[Boiler 44,852]

Very complicated!!

India.. China.. money.. green card..

This wasn't a marriage, it was a negotiation.

Transaction?

[belinda63 3,020]

I am in china now, and my DV case is pending in Fort worth Texas.

My situation and bearings: I (victim) was forced into criminal behavior by abuser and then my wife and her family alleged me for DV. I was Alone there.

social isolated : they broken my phone sexual exploitation. ECONOMIC AND EMPLOYMENT RELATED ABUSE IMMIGRATION-RELATED ABUSE Through open harassment, the abuser publicly demonstrates his control over the victim. Harassment can humiliate a victim by portraying her as weak and subordinate. Public humiliation may also be a culturally based form of extreme cruelty, particularly among cultural groups that highly value privacy. As i have DV ticket ( in hurry, as i was feared) on me as my wife and her parents alleged me for violence.

I paid the ticket online (under my chienese friend pressure as i was unaware about meaning of paying) that but i have to appear in the court on 16th dec to contest.

I have below queries, If anybody can help, It will be great.

OR do we have any Criminal Attorney who can guide me well in this difficult time.

I have below options , which i have summarized..

Contest> As its my first DV case and i have 30 years of clear history without any crime, I should not bother too much and I have to present my character certificates and police verification, is that can be fine to convince the judge that I did everything in my Defence. or any other good proof to make my side stronger. Might help some but not as proof of innocence.

contest > if i come , I feel unsafe ,while landing in USA and then living...how can resolve that issue. Can i have restraining or protective orders before DV court appearance. If you can prove she has threatened or harmed you.

contest > how can i get free legal help and shelter help. Visit the local homeless shelter, Salvation Army, etc. Look in the phone book. If you have criminal charges that might result in jail time you will be appointed an attorney.

contest > can this will continue in multiple trials in front of jury Depends on a lot of factors.

contest > will...witness be there or not during my appearance. During the trial you have the right to call witnesses if this case goes to trial. At any time you are in court anyone has the right to be present. Courts in the US are open to the public except in extreme situations.

contest > how the trial will proceed.: Single day close or multiple days depends

contest > What is the maximum punishment in this case...Can it be raised to ( Class B, A felony ) IF THEY PUT MORE CHARGES ON ME. depends

contest> what are the various evidence (proof) can be allowed to prove that I am the real victim and they abused me. like affidavits, recordings or doctor reports etc. Depends

contest > How i can remove charges that from putting into my records. if you are charged it usually remains on your record as a charge, if you are convicted or plead guily/no contest you will have to consult that state's laws regarding expungement.

contest > what is the guarantee that they have not any other case on me, can we check from anywhere about my arrest warrant on my. I fear i may be arrested on airport. you can call the court clerk or sheriff's office and ask but they may or may not tell you

contest > also if my VAWA is approved, will my DV ticket automatically cleared after my appearance. immigration and local court have nothing to do with each other

contest > is there any free service or NGO or Human right protection group who can help me financially. try you local religious organization

contest > what if my wife withdraws immigration papers and i am inadmissible in USA. can i come USA on my visitor visa to contest the case and then file VAWA. depends

NO Contest > what if I say i dont want to contest due to my inablity to come USA..as I admissible..Will it go to my records or Arrest warrant

plead guilty > does Class C misdemonr or plead guilty will impact my VAWA application. paid but not stated .What if i don't go back to USA to appear in the court as I have already paid online the DV ticket paid but not stated

plead guilty> What reason to give i have paid the ticket....but my written statement is pending. paid but not stated

plead guilty> I have already paid the ticket , but not appeared in court, does it go into my records...if not , then can file VAWA now before DV case resolution.

Extension > how many months we can extend.

Extension > how many times we can extend.

As to the rest of it I am confused/can't begin to answer. You say you paid a ticket which is an admission of guilt. Sounds like there are multiple charges?

These are very generic answers and I am not an attorney nor do I intend any of this to be legal advice. I am just trying to give you some general knowledge of how the legal system in the US works. You need to hire an attorney who will look at your case and the charges against you. No one can answer your questions without that information and even then it would take an attorney to discuss your options with you.

[Villanelle 4,121]

As others have stated this is an immigration forum- not populated by criminal attnys. YOU NEED A DEFENSE ATTNY. However I will answer some of your questions with general information.

I am in china now, and my DV case is pending in Fort worth Texas.

My situation and bearings: I (victim) was forced into criminal behavior by abuser and then my wife and her family alleged me for DV.

What does that mean? You were forced into criminal behavior? What did you do that was criminal?

I was Alone there.

social isolated : they broken my phone sexual exploitation. ECONOMIC AND EMPLOYMENT RELATED ABUSE IMMIGRATION-RELATED ABUSE Through open harassment, the abuser publicly demonstrates his control over the victim. Harassment can humiliate a victim by portraying her as weak and subordinate. Public humiliation may also be a culturally based form of extreme cruelty, particularly among cultural groups that highly value privacy. As i have DV ticket ( in hurry, as i was feared) on me as my wife and her parents alleged me for violence.

Im not sure why you posted the above. It seems to be copied/pasted from a source talking about immigration related abuse.

I paid the ticket online (under my chienese friend pressure as i was unaware about meaning of paying) that but i have to appear in the court on 16th dec to contest.

I have below queries, If anybody can help, It will be great.

OR do we have any Criminal Attorney who can guide me well in this difficult time.- NO. You can and should seek out a private defense attny to guide you.

I have below options , which i have summarized..

Contest> As its my first DV case and i have 30 years of clear history without any crime, I should not bother too much and I have to present my character certificates and police verification, is that can be fine to convince the judge that I did everything in my Defence. or any other good proof to make my side stronger.

You are mixing immigration rules/procedures with criminal rules/procedures. If you think you are going to beat the DV case by providing character references and clean police records you are mistaken. Now Im not saying it wont help in your defense but your defense can not be just that. You need to speak with an attny to prepare a complete defense.

contest > if i come , I feel unsafe ,while landing in USA and then living...how can resolve that issue. Can i have restraining or protective orders before DV court appearance.

NO. You can not get a protective order when you are overseas. When you land you can try to get one but it might be difficult.

contest > how can i get free legal help and shelter help.

Shelter help is specific to the area. Try google. But again this is not something that can be 'arranged' beforehand. As for legal help- you can try to call the public defenders office- However it appears for class C there is no right to a public defender sorry.

contest > can this will continue in multiple trials in front of jury

No jury.

contest > will...witness be there or not during my appearance.

Yes. The victim should be there as well as anyone else that has relevant info.

contest > how the trial will proceed.: Single day close or multiple days

Typically single day. Probably less then 10 mins.

contest > What is the maximum punishment in this case...Can it be raised to ( Class B, A felony ) IF THEY PUT MORE CHARGES ON ME.

Appears to be a fine of up to 500. You or your attny will have to speak with the prosecutor about the specific charge. Certain factors can cause them to raise the charges resulting in different penalties.

contest> what are the various evidence (proof) can be allowed to prove that I am the real victim and they abused me. like affidavits, recordings or doctor reports etc.

That all sounds like acceptable proof - again something to discuss with an attny- however you have to realize they are only going to be focusing on the specific event that caused the arrest. Saying they abused me first is not a defense to then abusing them back. A defense can be along the lines of 'self defense'. An attny can discuss this further with you.

contest > How i can remove charges that from putting into my records.

You cant remove anything. It is what it is. If you are found guilty there will be a charge/record. Found not guilty there wont be.

contest > what is the guarantee that they have not any other case on me, can we check from anywhere about my arrest warrant on my. I fear i may be arrested on airport.

Almost certainly will not be arrested at airport as they dont invest resources in that for a DV case. You can call the local police station and ask if there is an outstanding warrant for your arrest or your attny can find out for you.

contest > also if my VAWA is approved, will my DV ticket automatically cleared after my appearance.

NO> and having a DV arrest/conviction can complicate your VAWA

contest > is there any free service or NGO or Human right protection group who can help me financially.

You can try google but honestly my opinion is NO.

contest > what if my wife withdraws immigration papers and i am inadmissible in USA. can i come USA on my visitor visa to contest the case and then file VAWA.

Someone else should really answer this but I guess if you have a valid tourist visa you should be able to use it. It will be up to customs/border patrol to decide to let you in or not.

NO Contest > what if I say i dont want to contest due to my inablity to come USA..as I admissible..Will it go to my records or Arrest warrant

You need to speak with a local attny as procedures vary from state to state but I am going to say if you do not appear you will be found guilty by default as thats typically what happens. You can speak with the prosecutor if you are unable to attend and still wish to contest as they may be able to set up a video conference.

plead guilty > does Class C misdemonr or plead guilty will impact my VAWA application. paid but not stated .What if i don't go back to USA to appear in the court as I have already paid online the DV ticket paid but not stated

Yes it will have an impact. The specifics of that should be discussed with whomever is handling your VAWA. If you are doing it by yourself you can ask in the VAWA thread for a more specifics.

plead guilty> What reason to give i have paid the ticket....but my written statement is pending. paid but not stated

A local attny can discuss that with you. Generally speaking paying the fine does not equal admitting guilt. However you need to find out specifically for that court if it does.

plead guilty> I have already paid the ticket , but not appeared in court, does it go into my records...if not , then can file VAWA now before DV case resolution.

The arrest is currently in your records and as of right now it is showing a pending case. I do not know if Vermont will adjudicate your VAWA with a pending case or wait for the resolution. This is something to ask the person who is preparing your VAWA or in the VAWA thread. You can file VAWA whenever youd like.

Extension > how many months we can extend.

Extension > how many times we can extend.

Unknown. You will have to speak with the prosecutor if you wish to extend the case. But if you are thinking you can just keep extending the criminal case until your VAWA is approved and then you will be in the clear you are wrong.

[belinda63 3,020]

The only disagreement I have with Damara is from my personal experience regarding entry to the US. My baby daddy (yes I hate that phrase) had a restraining order against me extended (it had already been in place and was about to expire) while I was out of the country. When I entered my passport was taken and I was placed in secondary (very difficult to understand as I am a US born citizen) and held for about 30 minutes. The only thing I was told was "do you know there is a restraining order against you?" and I replied yes and I was allowed to leave. To make it even worse this was in New Jersey (POE) and we both live in Kentucky.

So there is a possibility he could be stopped at the POE if there is a restraining order or warrant.

[Villanelle 4,121]

I think we can both agree that the OP here has waaay too much going on for simple answers.

As for the protective order- its going to vary state to state. I have no experience with the process in TX so anything I say is just general info about the process. I think we read his question about the protective order differently...?

Im pretty sure (almost positive) that he can not obtain one while he is out of the country. You have to appear in person number one and number 2- part of it is showing the "threat" part (to you). Him being countless miles away--overseas infact-- well that impacts the 'threat'.

I have had several protection orders against my ex over the last decade. The first one was issued in the state I lived in (as thats where you file) and my ex lived over 8 hours away. I was told it was 'unusual' but due to the extraordinary circumstances it was feasible and approved. After moving to another state (less then 4 hours from where my ex presently lived) I was told that court does not "like to" issue orders unless both people reside in that state or within so many miles of each other and struggled severely to get it. Now in the third state I am currently in- Im still speaking with the victims office about it but apparently they do not issue it when both parties are not in the same state either and am being told it will be an uphill battle to obtain as no one likes to start a precedent. (sigh)

For him to get one he would have to appear in the court in the US where he will be residing. If its in the same county/state/locality of where the (ex) wife lives he does have a shot providing he meets the requirements. This is unknown.

The only other thing I can advise is safety related. If he is unable to get one or decides to not pursue it there are still ways to stay safe. When/if he does go back to the US he should NOT go back to the same town where the wife lives (if he is concerned about his safety). Find a place 1 hour + away. Do not post anything about where you are. You can ask in the court about keeping your location private due to safety concerns. They are usually agreeable. So if asked in open court about your current residence you can request to 'decline to answer' or give your answer in private.

As for the actual court date- most people show up about a 1/2 hour prior to the start. To be safe you can plan your arrival for 1 hour + so you dont run into each other outside/entering. You can take a cab/uber or park further then the designated lot. Afterwards you can ask for assistance in leaving. Either someone will escort you out or they will purposefully stagger your departure separate from the other party.

As for the entry issue- well thats a whole other complicated matter and perhaps someone with more knowledge about that will chime in. He doesnt know (it seems) if his AOS application was pulled by his spouse. If it was he obviously is NOT getting in with AP. Would they let him enter on a valid tourist visa? I dont know. Did his spouse also file for a protective order against him? He doesnt seem to know. There is a strong chance she did. I suppose he can try to check with the court. Sometimes you can find out online on the court access system other times you have to call. If there is one against him it might complicate his entry. Just the entire situation is going to be a complication for entry. I mean were talking (potentially) him arriving and being told his AOS is cancelled and then asking to enter on the tourist visa because he has to go to court for DV and maybe theres a protective order against him.

I did google a bit about class C DV in texas and it doesnt seem to be good. They appear to be very hardlined. It seems they can still prosecute you even if the accuser recants. They have a complicated procedure for the victim (many hoops to jump through including counseling) before you can even ask to have the charges dropped. They also have a way to force the victim to testify (unless you invoke the 5th)- where as some states dont move forward if the victim doesnt cooperate.

It also specifically states Class C does not have jail time attached so you are unable to have a public defender.

In all honesty the situation is pretty bleak. The OP needs to get an attny as he will have immigration complications if found guilty. There are countless attnys available but likely he will have a hard time getting representation for free. He also only has 5 days now before his court date. He is also going up against his wifes testimony and her parents- not to mention the police officers judgement that the offense occured. He gave no details about the event that occurred causing him to be charged. While I am curious and if he did post it more specific advice on a defense could be given- however its not going to be anywhere near enough or benefit him as an attny would- so no point.