FAQ: Where Can I Get Help If I’m a Victim of Domestic Violence?

domestic violence

 

Michael Donnelly – Many states, including Arizona, differ in their domestic violence laws, but the prevalence of domestic violence throughout the United States presents major social and legal issues for all involved.

Despite the fact that domestic violence is generally something that regrettably occurs in intimate relationships, it is also prevalent in a wider context involving household relationships such as parent-child violence, or between siblings in the same household.

Although the majority of violent crimes occur in a home, most often between a husband and wife. Surprisingly, the most commonly reported domestic violence incidents take place between non-partners. This suggests that there may be more domestic violence than we realize despite efforts by government and state agencies to deal more aggressively with the serious issue.

The scale of the problem has been such that it has lead to significant legislative change and the involvement of both government and non-government agencies.

Among the laws that have been passed by the US Congress to reduce the growth in domestic violence has been legislation like the Violence Against Women Acts which provided almost $2 billion towards investigating the prosecuting such transgressions and imposed automatic and mandatory restitution on those convicted of domestic violence offences as well as permitting civil action should casers be un-prosecuted by appropriate authorities.

Victims of domestic violence also breach boundaries of both gender and sexual orientation, with men also subject to physical partner violence.

Approximately 38 states place domestic violence laws and definitions within their criminal code and the remaining states provide a more generic definition throughout the domestic relations or family services codes.

 

Not Seeking Protection

Many times, victims do not seek protection from their abuser because they are ashamed or embarrassed. Domestic violence tragedy has prompted legislative action to change the laws regarding domestic abuse and provide those who are abused more safety and security. As previously stated, each state has different laws regarding domestic violence.

However, in order to prevent future victimization, it is important for victims to report their circumstances to law enforcement officials.

In many cases, the laws regarding domestic abuse are so restrictive that they are not helpful to the victim. Laws regarding abuse are almost always based on stereotypes. For example, many states consider domestic abuse to be physical abuse and not psychological or verbal abuse. 

Physical vs. Verbal Abuse

Sometimes the result is a conviction for misdemeanor assault even when the accused has not been charged with a serious crime.

Some states use vague or overbroad definitions of domestic abuse, which allows the prosecutor to file additional charges or to charge the victim with an offense even if the incident occurred years ago. In these circumstances, victims are unnecessarily placed at risk and their lives are placed in jeopardy.

Implementation of Domestic Violence Laws

Effective implementation of laws regarding domestic abuse is important to ensure that victims receive the assistance and protections they need.

Even a seemingly innocent remark can lead to criminal consequences. When violence occurs at home, it is critical to have a law enforcement agency that is proactive in responding to calls about domestic violence. The first response should always be to protect the safety of the victim and the public.

Effective Communication

Effective communication between police and domestic abuse professionals is another important component of the law. Police officers should be able to provide a safe and supportive environment for victims if the suspect is arrested. The services of domestic violence attorneys should be readily available to victims during the course of an investigation.

Effective information and education about domestic abuse and its prevention are also essential. Many states are working to create multimedia informational campaigns that will inform the public about the dangers of domestic violence.

Unfortunately, in many rural communities, this is often not possible. Effective information and education can help target high-risk areas and provide options for victims. Many victims do not know enough about the laws and do not feel comfortable talking to law enforcement officials about their situation.

Domestic violence education can be provided in many different forms including school seminars and other presentations.  Those who are victims of domestic violence should also seek the counsel of a domestic violence lawyer who can assist in the protection and any legal action that may be required in any such case.  For instance in our jurisdiction prosecutors in Pima County prosecute domestic violence charges intensely with the creation (in 2012) of the Domestic Violence Court. The  Court adjudicates misdemeanor domestic violence cases in the Pima County Consolidated Justice Court and also handles serious and repeat offenders with an emphasis on victim safety and rehabilitation.

As in other jurisdictions where such courts exist, the ‘violence court’  is staffed with a team of specially-trained judges, attorneys, and victim advocates who ensure that defendants are closely monitored, 

Domestic Violence Resources

There are numerous resources designed to assist victims of domestic abuse. Domestic violence organizations around the country have been set up to provide support and advocacy for those in abusive situations. 

Source:

Hernandez & Hamilton is an Arizona criminal defense law firm who have a specialist domestic violence division handling such cases.


Law FAQ: What to do if I am in the U.S. on a Temporary Visit and Wish to Obtain a Permanent Visa

immigration law

 

immigration lawAmerica is a land of immigrants and many foreigners have made major contributions to the country’s economy and culture. In spite of this, It is still very hard to get a permanent visa in this country and the immigration law rules regarding visa and green card applications can be highly confusing.

Immigrant visas in the US give the holders the right to stay in the U.S permanently, as distinct from a nonimmigrant visa, which requires the holder to return to their home country upon expiry of the visa.  An immigrant visa, by contrast, does not expire and it is not necessary to renew or extend it.

An immigrant visa is valid permanently unless you engage in an illegal activity in the U.S or if you have your immigrant visa revoked. The other major advantage of an immigrant visa is that it does not constrain you to stay in the U.S but permits travel in and out of the country at any time without incurring the danger of visa revocation or cancellation, as long as you have a valid re-entry permit. .

If you are visiting the US and you decide you want to get a permanent visa, you will have to meet very specific criteria. When you got your visa to come for a visit, you were promising the United States government and the government of your country of origin that you would return home after your visit.

Before you are even issued a visa, you will have to state the purpose of your trip. When you arrive in the U.S. you will have to again state the purpose of your trip.

How to Get a Permanent Visa in the U.S.

A permanent visa is called an immigrant visa. If a foreigner intends to live and work in the United States, they must have one of these visas. In some cases, a prospective employer will sponsor an immigrant for a visa, and in other cases, a spouse or other relative will sponsor them.

If you are a worker who has exceptional abilities or training in a certain industry, you may be able to advocate on your own behalf. You can also petition on your own behalf if you have invested a significant amount of money in real estate in the U.S.

Permanent visas are also issued to religious workers and international broadcasters. If you hail from a country that does not have many US visa applicants, you may be able to apply for the diversity lottery.

The US also allows victims of domestic violence and refugees to apply for residence. No matter what category you fall into, it is important to hire a trained immigration lawyer to represent you and to help navigate the various and often confusing immigration law requirements.

Steps to Getting a Green Card

If you are eligible for a green card, you will want to go on the U.S. Citizen and Immigration Services Website and fill out an I-485 form.

A green card provides official immigration status and is also a requirement for those seeking to naturalize as a US citizen.  You need to first find out if you are eligible to apply for a green card.  There are various categories that permit eligibility, including family issues, employment, victims of abuse, refugee and other ‘special immigrant’ categories.

Remember that you must pay a fee of $1,140 to apply for a card. You will have to provide certain documents to the American Consulate in your country of origin. You can check the progress of your application online. You will need the receipt number in order to do this.

The last step in the green card process is your interview. You will have to show them a photo identification card at the interview. You will also have to swear to tell the truth, the whole truth and nothing but the truth. 

They will ask if you have ever committed a crime and if you have been arrested. They will also ask if you have ever voted in America. They will ask you if your circumstances have changed since applying for the card. 

If your employer is sponsoring you, they will ask questions about your job and if your spouse is sponsoring you, they will ask questions about your marriage.

A Green card can take anywhere from 7 months to 33 months to acquire. Immigration is not the kind of thing one should do on a lark. However, if you love the country and take all the appropriate steps, you may be able to stay in the land of opportunity. 

Authoritative Sources:

https://www.uscis.gov/i-485

Source:

Cascadia Cross Border Law is an immigration law firm based in Washington.

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