It is not unheard of for a female in an intimate relationship to use the threat of a 911 domestic violence call to control her partner and coerce him.
The 2011 article below from The San Francisco Examiner describes how far-reaching the effects of a DV accusation can go:
Woman's false abuse allegations exposed in San Francisco court
"..when the trial began, his accuser balked, providing conflicting answers about her name and details of the alleged attack. She said she had no contact with Garcia after the attack, but phone records indicated she actually called him 100 times the day before filing the report.
On Wednesday, almost two weeks after the trial began, the assistant district attorney motioned to dismiss the case.
A spokeswoman for the District Attorney’s Office, said in the pretrial and preliminary hearings there appeared to be enough evidence to pursue the case. However, midway through the trial, the prosecutor “developed her own concerns about the credibility of that witness.”
“She didn’t hesitate... She followed her ethical obligation and she moved for an immediate dismissal.”
The San Francisco Examiner: http://www.sfexaminer.com
Immigration and Domestic Violence:
Violence Against Women Act (VAWA) and U Visas
It is not unusual for a noncitizen to make false allegations of domestic violence in order to adjust status or petition for lawful permanent resident status as the victim of domestic violence. Divorce or other legal termination of the marriage to the abuser will not be the sole basis for denial or revocation of an approved self-petition. After the petition is approved by USCIS, remarriage is permitted and will not affect eligibility to become a lawful permanent resident.
As a general rule, an alien or undocumented individual seeking adjustment of status under section 245(a) of the Immigration and Nationality Act, INA, 8 U.S.C. §1255(a) must have been either admitted or paroled into the United States. VAWA allows noncitizens, even those who entered illegally or without inspection, to become lawful permanent residents LPR without having to leave the United States. Section 212(a)(6)(A)(II) of the Act provides for waiver of inadmissibility for a VAWA self-petitioner, the self-petitioner is not required to show a "substantial connection" between the VAWA self-petitioner's unlawful entry and the VAWA self-petitioner's having been subjected to battery or extreme cruelty. The nonresident spouse is a Petitioning Spouse of Abusive U.S. Citizen or Lawful Permanent Resident, Part 2, i, on DHS I-360 form.
There are waivers available for immigration violations. The noncitizen living in the United States without the requisite documentation in violation of immigration laws needs to prove that they married in good faith and have been subjected to "extreme cruelty" by a U.S. citizen spouse or LPR spouse, and that the alleged victim is of "good moral character". The undocumented or noncitizen spouse may self petition for nonimmigrant status. On February 28, 2013 an extension of VAWA was passed .The renewed VAWA includes not only domestic violence, sex assaults, dating violence, and stalking but expanded federal protections to gays, lesbian and transgender individuals .
U Visas - If a noncitizen spouse assists law enforcement in investigating or prosecuting violent crimes they may qualify for a U visa. The alleged crime must have taken place in the United States and the victim must have suffered physical or mental abuse, for example, assault, battery, rape. The alleged victim has to get law enforcement and the District Attorney to certify that he/she assisted them in the investigation or prosecution of a crime. The U Visa provides the abused spouse with lawful nonimmigrant states and includes work authorization and opens the path to permanent residency and US citizenship. It is not unheard of for an undocumented or noncitizen spouse to allege domestic violence by a U.S. citizen partner in order to pursue LPR lawful permanent resident status or temporary or U-Visas and employment authorization. The Secretary of Homeland Security may authorize the alien spouse to work in the United States and authorize a work permit if the alien spouse demonstrates that during the marriage the alien spouse or child of alien spouse has been battered or was subjected to extreme cruelty by the spouse.
Woman's false abuse allegations exposed in San Francisco court
"..when the trial began, his accuser balked, providing conflicting answers about her name and details of the alleged attack. She said she had no contact with Garcia after the attack, but phone records indicated she actually called him 100 times the day before filing the report.
On Wednesday, almost two weeks after the trial began, the assistant district attorney motioned to dismiss the case.
A spokeswoman for the District Attorney’s Office, said in the pretrial and preliminary hearings there appeared to be enough evidence to pursue the case. However, midway through the trial, the prosecutor “developed her own concerns about the credibility of that witness.”
“She didn’t hesitate... She followed her ethical obligation and she moved for an immediate dismissal.”
The San Francisco Examiner: http://www.sfexaminer.com
Immigration and Domestic Violence:
Violence Against Women Act (VAWA) and U Visas
It is not unusual for a noncitizen to make false allegations of domestic violence in order to adjust status or petition for lawful permanent resident status as the victim of domestic violence. Divorce or other legal termination of the marriage to the abuser will not be the sole basis for denial or revocation of an approved self-petition. After the petition is approved by USCIS, remarriage is permitted and will not affect eligibility to become a lawful permanent resident.
As a general rule, an alien or undocumented individual seeking adjustment of status under section 245(a) of the Immigration and Nationality Act, INA, 8 U.S.C. §1255(a) must have been either admitted or paroled into the United States. VAWA allows noncitizens, even those who entered illegally or without inspection, to become lawful permanent residents LPR without having to leave the United States. Section 212(a)(6)(A)(II) of the Act provides for waiver of inadmissibility for a VAWA self-petitioner, the self-petitioner is not required to show a "substantial connection" between the VAWA self-petitioner's unlawful entry and the VAWA self-petitioner's having been subjected to battery or extreme cruelty. The nonresident spouse is a Petitioning Spouse of Abusive U.S. Citizen or Lawful Permanent Resident, Part 2, i, on DHS I-360 form.
There are waivers available for immigration violations. The noncitizen living in the United States without the requisite documentation in violation of immigration laws needs to prove that they married in good faith and have been subjected to "extreme cruelty" by a U.S. citizen spouse or LPR spouse, and that the alleged victim is of "good moral character". The undocumented or noncitizen spouse may self petition for nonimmigrant status. On February 28, 2013 an extension of VAWA was passed .The renewed VAWA includes not only domestic violence, sex assaults, dating violence, and stalking but expanded federal protections to gays, lesbian and transgender individuals .
U Visas - If a noncitizen spouse assists law enforcement in investigating or prosecuting violent crimes they may qualify for a U visa. The alleged crime must have taken place in the United States and the victim must have suffered physical or mental abuse, for example, assault, battery, rape. The alleged victim has to get law enforcement and the District Attorney to certify that he/she assisted them in the investigation or prosecution of a crime. The U Visa provides the abused spouse with lawful nonimmigrant states and includes work authorization and opens the path to permanent residency and US citizenship. It is not unheard of for an undocumented or noncitizen spouse to allege domestic violence by a U.S. citizen partner in order to pursue LPR lawful permanent resident status or temporary or U-Visas and employment authorization. The Secretary of Homeland Security may authorize the alien spouse to work in the United States and authorize a work permit if the alien spouse demonstrates that during the marriage the alien spouse or child of alien spouse has been battered or was subjected to extreme cruelty by the spouse.
Consequences of a Domestic Violence Conviction
Domestic Violence Convictions and Penalties
The following penalties, financial and emotional burdens as well as restrictions on your freedoms can result from a domestic violence conviction:
*There are many potential criminal charges associated with domestic violence. The charges can range from a low level misdemeanor to high level felony, criminal charges can also be a combination of multiple misdemeanors and felonies, so the potential jail or prison sentences for an individual can vary significantly. Misdemeanor assault in the third degree is often charged in connection with domestic violence and carries increased penalties as an extraordinary risk crime.
§18-3-204. Assault in the third degree
(1) A person commits the crime of assault in the third degree if:
(a) The person knowingly or recklessly causes bodily injury to another person or with criminal negligence the person causes bodily injury to another person by means of a deadly weapon; or...(3) Assault in the third degree is a class 1 misdemeanor and is an extraordinary risk crime that is subject to the modified sentencing range specified in section 18-1.3-501 (3).
*DVOMB - A fundamental assumption of the DVOMB Standards for Treatment of Court-Ordered Domestic Violence Offenders is that domestic violence is a crime and not the result of or response to a failing relationship.
The following penalties, financial and emotional burdens as well as restrictions on your freedoms can result from a domestic violence conviction:
- Mandatory evaluation, classes and therapy in a three tiered treatment program with a treatment provider approved by the state DVOMB Domestic Violence Offender Management Board*. Offenders are placed in one of three levels of treatment subject to ongoing evaluations every two or three months.
- Loss of the 2nd Amendment right to own firearms and or get a hunting license
- Loss of the right to serve in the military, you will be involuntarily discharged from the military if already enlisted
- Under the Dept. of Defense, Directive 5220.6 a person with a domestic violence conviction will be denied a security clearance
- The Uniformed Services Former Spouses Protection Act (PL 97-252, 1982) allows a state court to divide any pension earned during the period of marriage that overlaps the military service period
- Possible two years probation for first conviction of misdemeanor domestic violence
- Jail or prison sentence*
- Mandatory criminal protection order which can restrain you against contacting the victim until final disposition by the court
- Access to public housing and rental properties will be difficult
- You might be denied access to student loans
- If you are employed in a job that requires the use of firearms, blasting, or explosives you will be terminated
- You won't be qualified to work in many construction jobs; cartridges used in nail guns are considered as "ammunition"
- If you are a truck driver with a commercial driver's license and transport hazardous materials interstate you will be disqualified
- Some companies have a policy against hiring individuals with a domestic violence conviction
- A DV conviction can be used as leverage against you by your ex in divorce proceedings and can impact your custody and visitation rights
- Deportation for those who are not U.S. citizens or on a visa and you may also be at risk for charges of aggravated deportation with a possible sentence of 10 years in Federal prison.
*There are many potential criminal charges associated with domestic violence. The charges can range from a low level misdemeanor to high level felony, criminal charges can also be a combination of multiple misdemeanors and felonies, so the potential jail or prison sentences for an individual can vary significantly. Misdemeanor assault in the third degree is often charged in connection with domestic violence and carries increased penalties as an extraordinary risk crime.
§18-3-204. Assault in the third degree
(1) A person commits the crime of assault in the third degree if:
(a) The person knowingly or recklessly causes bodily injury to another person or with criminal negligence the person causes bodily injury to another person by means of a deadly weapon; or...(3) Assault in the third degree is a class 1 misdemeanor and is an extraordinary risk crime that is subject to the modified sentencing range specified in section 18-1.3-501 (3).
*DVOMB - A fundamental assumption of the DVOMB Standards for Treatment of Court-Ordered Domestic Violence Offenders is that domestic violence is a crime and not the result of or response to a failing relationship.
The consequences of a domestic violence conviction are serious. You need a dedicated advocate to fight the charges of domestic violence. Call the MCCLUSKEY LAW OFFICE today! 303-698-1603
MEMBER: NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS
MEMBER: COLORADO CRIMINAL DEFENSE BAR
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PRIVACY POLICY & DISCLAIMER - The information contained in the website MCCLUSKEY LAW OFFICE is for informational and promotional purposes only, and does not contain any legal or other professional advice. This and all MCCLUSKEY LAW OFFICE sites contain legal information and not legal advice. Nothing contained on this website should be construed as legal advice. The purpose of this website is to promote MCCLUSKEY LAW OFFICE and the nature of this legal practice. While this website may also provide information about developments in the law, discussions of legal scenarios, and references to other attorneys and services, the information and hyperlinked websites contained in this website are intended for general informational purposes only and do not constitute legal advice. This web site may not be updated routinely to reflect the very most current Colorado law. Individuals should consult an experienced criminal attorney for advice regarding an individual situation.There is no guarantee that a specific resolution to specific charges will occur. Visiting this website does not make MCCLUSKEY LAW OFFICE your legal counsel or create an attorney-client relationship. The only way MCCLUSKEY LAW OFFICE can become your counsel is if you consult with me, I accept you as a client, you deposit a retainer, and sign a fee agreement. MCCLUSKEY LAW OFFICE does not accept any responsibility for any loss which may arise from reliance on information contained in this website.