Last Monday, my wife was arrested at about 3 15 pm for Domestic Violence
at home. we had been arguing that day over money and she had some drinks during the afternoon. My mother got involved, they had a fight, we ended up calling the police who arrested her and sent her to jail. She is a russian citizen who I married exactly two years ago (Nov. 2011) and at the time of the fight, she was out-of-status (illegal) due to me not being able to file for her papers after losing my job, becoming hospitalized and being disabled almost all the last year; I went broke, so I could not file for her at the time. I was saving money to be able to file for her and get her a permanent residence in the U.S. We had a child together, who is now 16 months old.
So, we had been having difficulties in our marriage, and last Monday we had this fight that led her to be arrested, and the police took statements from me and my mother. I wrote what had happened (she threw some kicks at me when i tried to hold her down to avoid more conflict; she bit my elbow and my wrist, tore my shirt, I can't recall if she hit me or not, but I was thinking that she had hit my mother in the face because an officer mentioned that my mother appeared to have received hits on her face so I wrote that too).
I also mentioned that my wife was drunk, because she appeared to be under the effects of alcohol at the time. My report was one-line long, and the officer told me to write more complaints
about my wife. I didn't.
My mother was shocked as a result of the fight; there had been hair pulling, pushing each other around, struggling, and couldn't figure out what to write, so she was coached by the officer who took the declarations, asking her questions such as if she had been body slammed, etc; the officer reported: kicking, punching, pushing, slapping, slamming body, threw items, verbal abuse, hair pulling. Then he asked my mother to write what had happened that day, and everything else she could think of, that had happened before, (meaning past incidents) and my mother was led to understand that he wanted to know everything that had happened from the day my wife had arrived to my home (two years).
My mother, complained about my wife kicking and punching her during the last two years (in the past, my wife had a nasty argument with my mother, and they both had a history of disagreements and fighting; some day she did throw a kick and a punch at my mother that luckily didn't cause injuries), and my mother also complained that my wife had been throwing out our furniture and items she threw out to the street (some furniture, a couple old computers
, a table lamp, and various other items that started to disappear from home) and she complained that she had thrown some small metallic objects at her; also that she had thrown water at her. As it turns out, this did NOT happen the day of the fight; but my mother has difficulties understanding english properly and she thought that the officer MEANT to say that he wanted a complaint of everything that happened ever since they met. So, the report is partially inaccurate.
the police took pictures of the red areas where my wife bite me and the torn shirt; and of my mother's face.
long story short, the police told us that the statements would only be used to ensure that my wife didn't act violently anymore; that she would be released a few hours after the event in order to allow her to clear her mind from alcohol, but as it turns out, this didn't happen. She was sent from the local precinct in Queens, NYC to a different facility where she was held until next day for a court
arraignment; she was charged with DV and a full order of protection was issued; then she was told that she could go, but ICE immigration customs enforcement had issued a warrant against her for the overstay, and she was detained and sent to Riker's island jail on bail of $1. i only learned this until very late that day since nobody knew where she was.
After talking to several attorneys and getting information, I bailed her out so she could attend the Queens criminal
court appointment (to happen later on november 22 2013); and at that time, ICE took her to their facility in NYC; where she was questioned. She mentioned that she was married to an american citizen (me), that we had a baby, and that she had an attorney. As a result, she was not detained, but a removal order was placed; given to her and she was let go pending an appearance in immigration court in December 2 or so.
We have retained a criminal attorney to help.
So we have the following questions:
1. what should we do in this case?
2. can we somehow drop charges, or change the DIR (domestic incident report/supporting deposition)? how?
3. how can we get those charges fully dismissed? (she will get deported without full dismissal)
4. Any other solutions/suggestions?
Thank you very much for your help!