My mother was battered by her boyfriend about 10 days ago, and she didn't tell us until now, but I happen to find the bruises on her face. The man beat her just in her head intentionally with his fist to prevent any signs of injury, but the next day, the bruises started to appear on her face, and she took pictures of these just in case. He used to be an athelete, and his punch in the head must have been life-threatening. They are truckers, and they were in the state of NJ. The incident occured in the truck when she pulled over the truck to the side while in argument. They live in CA, so after the incident, she managed to come thier place in the same truck with the injuries. The man made several life-threatening comments as well, something similar to "I'll kill you and burn your daughters to death". I can't forgive this man and pursuaded my mom to go to the police station with me tomorrow. What should we do at the police station, and what will be the heaviest criminal charge we can make him face with this? She is staying at my place with me, but both of us are scared that he may try to do something. Should we hire a criminal lawyer to get the punishment he deserves or just reporting to the police would bring the Justice? Can we send him to jail? He is a immigrant. Can he be deported with this criminal charge? Please advise. Your advices are appreciated beyond words...
Country relating to Question: United States
State (if USA): California
Hello,Yes, a Domestic Violence conviction is a deportable offense for a non-citizen.Your mom needs a protective order. That will keep him away from her unless he wants to be immediately arrested.Your mom would not need a lawyer. If she presses criminal charges against him then the state would take over the case and will do the prosecuting on her behalf. The only difficulty I see is that the state where the offense took place is where the matter would have to be prosecuted. If I've read your post correctly, the physical abuse and the threats took place in New Jersey and that's where she would have to get the charges pressed. She could do that by going to the police that serves the area where the offense occurred or by going directly to the prosecutor's office. She would report the crime, show the pictures, and ask for a protective order because she fears for her safety. Once she got one, she could file that order with a California court or a court in any other state she decided to settle in. He would become the defendant in a NJ criminal matter and would be told to refrain from any contact with you or he would wind up under arrest. If she doesn't want to return to New Jersey, she cannot prosecute, but she can try to get an emergency ex-parte protective order in California. This would not get him arrested unless he violated the order, but it would get her protection from any future problems. YOu could find out more about that here.FranL41089.0946846065
18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
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