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Lawmoe
Lawmoe, Family Law Attorney
Category: Family Law
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Experience:  Family Law Lawyer for 19 years
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my husband was arrested for domestic violence, he hit me, i

Customer Question

my husband was arrested for domestic violence, he hit me, i am not pressing charges, but i think the state will do so. he is a legal resident, i am US citizen, we been married 4 years. can he be deported? i do not want this, how can we avoid this?
Submitted: 4 years ago.
Category: Family Law
Expert:  Lawmoe replied 4 years ago.

Only the state can press charges. They will do so when there is probable cause for the charge regardless of your wishes. However, not having a willing witness significantly decreases the chances of prevailing at trial making a plea to a lesser offense or a Stay of any prosecution possible.

 

For immigration purposes, a domestic assault is considered a crime of moral turpitude. However, in my experience, it does not usually result in removal proceedings unless there is a second offense.

 

Customer: replied 4 years ago.
so he will get deported? i wanted him to show him i wont tolerate being hit, he calmed down immediately afterwards, was apologetic. i want him to get counseling. how can i not get him deported.
Expert:  Lawmoe replied 4 years ago.

First, it would seem that there are defenses that could preclude a conviction. Nonetheless, even if convicted, a deportation (removal proceeding) seems unlikely.

 

Customer: replied 4 years ago.

if he has a DUI three years ago, does that affect his case?

i dont want him deported. i just want him to get counselling. i didnt know they were going to arrest him, i just want to document his hitting to show him i wont tolerate this in our relationship.

Expert:  Lawmoe replied 4 years ago.

Yes. Two crimes of moral turpitude could certainly result in the INS seeking removal proceedings. As a result, an aggressive defense on the current charge is critical.

 

Customer: replied 4 years ago.
he can be deported even though he has the 10 year green card? can't they grant him mandated counselling and anger managment if he has two small kids here? he never did this before.
Expert:  Lawmoe replied 4 years ago.

Yes. He can be deported for crimes of moral turpitude. The convictions are what is important. The INS cares little for remedial measures. That is an issue that may convince the prosecutor to offer a plea arrangement that will not result in conviction.

 

Lawmoe, Family Law Attorney
Category: Family Law
Satisfied Customers: 2415
Experience: Family Law Lawyer for 19 years
Lawmoe and 6 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.

ok thanks. so i think i need an attorney.

thank u.

Expert:  Lawmoe replied 4 years ago.

He needs a good defense attorney.

 

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