Need advise on current situation/Violation of Injunction based on False DV charges

[Neevs&day 5]

Hi VJ,

 

My wife filed Injunction against me based on false domestic violence. I violated injunction twice and now I have a felony and misdemeanors charges on me. My conditional residency is expiring in June 2020. Felony is for aggravated stalking which was not threat in nature. My state is Florida.

• What would be the possible outcome in my case?
• What I can do at the time of applying removal of condition?
• Can my felony and misdemeanor be dropped?
• Any advise that I can save my immigration by negotiating by state prosecutor?   
• Can I negotiate to short the probation so that it will not effect my immigration or I can later apply in court to dismiss the probation? 
• I accepted permanent injunction in court to secure safety of my ex?
• We are still going through divorce process and my ex offered me uncontested divorce. However she is trying her best to destroy me, it is a narcissist rage?
• Though my charges are violation of Injunction, however if i will show the proof to prosecutor that it was false accusation of domestic violence, will he consider to give me some relief while negotiating case? 

[geowrian 22,337]

This is not a DIY yourself case. Please seek professional assistance to address the criminal charges. Aggregated felonies (not sure if this is or not) are grounds for removal.

 

1 hour ago, Neevs&day said:

My wife filed Injunction against me based on false domestic violence. I violated injunction twice and now I have a felony and misdemeanors charges on me. My conditional residency is expiring in June 2020. Felony is for aggravated stalking which was not threat in nature. My state is Florida.

Whether the DV charge is correct or not, violation of the injunction is a serious offense...potentially a CIMT and/or aggravated felony.

 

Your questions about the charges and getting them dismissed or lessened is a a question for a criminal attorney. Note that immigration can still consider the circumstances of any event as well, so be sure to raise this concern and that act accordingly to limit exposure.

 

1 hour ago, Neevs&day said:

• We are still going through divorce process and my ex offered me uncontested divorce. However she is trying her best to destroy me, it is a narcissist rage?

Not something anybody here can answer.

[designguy 1,179]

As suggested you will need to seek professional legal advice. 

The form to remove conditions asks whether you are been arrested, detained, charged, indicted, fined, or imprisoned for breaking or violated any law. To which you will need to answer yes. This is going to trigger them to examine your case in extreme detail. You will need to have competent legal counsel to help you. Especially with violations of the injunction you have a difficult case with the chance of you being ordered removed. 

 

[millefleur 5,046]

**Moved from ROC Discussion to Effects of Major Family Changes on Immigration Benefits to be among similar threads**

[Villanelle 4,122]

14 hours ago, Neevs&day said:

Hi VJ,

 

My wife filed Injunction against me based on false domestic violence. I violated injunction twice and now I have a felony and misdemeanors charges on me. My conditional residency is expiring in June 2020. Felony is for aggravated stalking which was not threat in nature. My state is Florida.

• What would be the possible outcome in my case?
• What I can do at the time of applying removal of condition?
• Can my felony and misdemeanor be dropped?
• Any advise that I can save my immigration by negotiating by state prosecutor?   
• Can I negotiate to short the probation so that it will not effect my immigration or I can later apply in court to dismiss the probation? 
• I accepted permanent injunction in court to secure safety of my ex?
• We are still going through divorce process and my ex offered me uncontested divorce. However she is trying her best to destroy me, it is a narcissist rage?
• Though my charges are violation of Injunction, however if i will show the proof to prosecutor that it was false accusation of domestic violence, will he consider to give me some relief while negotiating case? 

I agree with geowrain you need an attny. You need to find a criminal defense attny AND an immigration attny to work together. You want to try to get the criminal charges changed to something that wont impact immigration.

 

Also your last question- absolutely NO. You can not negotiate that the charge was false therefore you shouldnt be penalized for not abiding by the punishment. If you were falsely arrested and sent to jail can you escape with no penalty because you werent suppose to be there? Nope. Even if the order was issued with no basis, it was still an order issued that you violated (twice). 

[Going through 5,671]

On 9/3/2019 at 1:24 AM, Neevs&day said:

I violated injunction twice and now I have a felony and misdemeanors charges on me.

 

Repeatedly violating the injunction is very serious, and yes it will impact your immigration, possibly leading to deportation, unless you can plead the felony down to a lesser charge (which is also a bit of a battle for you, since you already disregarded the original injunction twice).

 

You need a very good lawyer for the criminal defense, and an immigration lawyer.

[Sandra G. 5,048]

A violation of an injunction makes you deportable, the USCIS doesn’t need the conviction tho.It’s damn serious.The Board of Immigration Appeals has already decisions stating that a  conviction is not necessary just the violation of the injunction is enough to remove the person. Search “ Matter of Obshatko”(BIA-2017)

[Rose711 35]

OP - you have created a lot of problems for yourself by violating a court order twice. See if you can get the charges dropped, but I’m not sure you have anything to negotiate for a better deal.

 

Try to find a lawyer who understands the immigration implications of your criminal cases. Be aware that you are deportable now and be careful in your actions.

[Chicken9999 4]

On 9/3/2019 at 1:24 AM, Neevs&day said:

Hi VJ,

 

My wife filed Injunction against me based on false domestic violence. I violated injunction twice and now I have a felony and misdemeanors charges on me. My conditional residency is expiring in June 2020. Felony is for aggravated stalking which was not threat in nature. My state is Florida.

• What would be the possible outcome in my case?
• What I can do at the time of applying removal of condition?
• Can my felony and misdemeanor be dropped?
• Any advise that I can save my immigration by negotiating by state prosecutor?   
• Can I negotiate to short the probation so that it will not effect my immigration or I can later apply in court to dismiss the probation? 
• I accepted permanent injunction in court to secure safety of my ex?
• We are still going through divorce process and my ex offered me uncontested divorce. However she is trying her best to destroy me, it is a narcissist rage?
• Though my charges are violation of Injunction, however if i will show the proof to prosecutor that it was false accusation of domestic violence, will he consider to give me some relief while negotiating case? 

Remember this is USA not India. I think the best thing for you is ready for getting back to India. I don’t think they will approve your permanent green card. That will hurt you i know but that’s true.