Domestic Violence Assault Charge Against a H1B Visa Holder

My question involves criminal law for the state of: Washington

My question involves criminal law for the state of: Washington

For one year my husband regularly battered me and assaulted me. One time i went to the hospital for a hurt swollen wrist and then for a foot fracture. I did not want to report the incident because i was worried my husband's H1 visa would get cancelled. But when my husband hurt me to fracture my foot, he freaked out and next day packed his suitcase and abandoned me. When he left, I panicked and called 911 to stop him from fleeing (silly thing to do!). The cops came to my place and saw my fracture and reported the incident to the Domestic violence (DV) unit. The DV unit called, took my statement and booked the case under simple-assault-DV. My husband is missing since that day (2 months now) and perhaps living in a different state to escape arrest and has not contacted me at all. Instead cancelled the house lease and left me for dead. I am not earning. The detective is aware of my situation.

America is a foreign country to me and I dont understand the laws. I want to know what course would the legal system take- 1. Can my husband continue hiding in a different state and avoid arrest completely? 2. How much time does it take to prepare a case a take it to the prosecutor? 3. What kind of charges would be brought in? Is this a serious crime (1313-1)? 4. Is there a way i can drop the charges?

My husband has no criminal record except one car accident 2 years back.

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Quoting shom123

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My question involves criminal law for the state of: Washington

My question involves criminal law for the state of: Washington

For one year my husband regularly battered me and assaulted me. One time i went to the hospital for a hurt swollen wrist and then for a foot fracture. I did not want to report the incident because i was worried my husband's H1 visa would get cancelled. But when my husband hurt me to fracture my foot, he freaked out and next day packed his suitcase and abandoned me. When he left, I panicked and called 911 to stop him from fleeing (silly thing to do!). The cops came to my place and saw my fracture and reported the incident to the Domestic violence (DV) unit. The DV unit called, took my statement and booked the case under simple-assault-DV. My husband is missing since that day (2 months now) and perhaps living in a different state to escape arrest and has not contacted me at all. Instead cancelled the house lease and left me for dead. I am not earning. The detective is aware of my situation.

America is a foreign country to me and I dont understand the laws. I want to know what course would the legal system take- 1. Can my husband continue hiding in a different state and avoid arrest completely? 2. How much time does it take to prepare a case a take it to the prosecutor? 3. What kind of charges would be brought in? Is this a serious crime (1313-1)? 4. Is there a way i can drop the charges?

My husband has no criminal record except one car accident 2 years back.

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Yes, technically its possible for your husband to hide and avoid arrest for a long time...even if he never left the state. If he cannot be found, he cannot be arrested. Its also possible that he could be found, but that the arresting state would choose not to spend the money to extradite him back to the arresting state. It varies as to how much time it takes to perfect a case and take it to the prosecutor, and some police departments might not to so until they are able to arrest him. Domestic Violence is a fairly serious crime. No one would make it easy for you to drop the charges, nor should you.

If you do not have a work visa and are unable to support yourself, you may want to consider returning to your home country. It will certainly be nearly impossible for your husband to get another H1 visa job with this hanging over his head, and he may very well have returned to your home country himself.

A conviction for domestic violence does not look good on your record but he probably would of only got probation with anger management classes. Maybe a small amount of jail time but this definitely can screw up his immigration status. He luck it's only a misdemeanor which isn't as serious as a felony.

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Quoting tc498

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A conviction for domestic violence does not look good on your record but he probably would of only got probation with anger management classes. Maybe a small amount of jail time but this definitely can screw up his immigration status. He luck it's only a misdemeanor which isn't as serious as a felony.

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Did you perchance miss the part that the hubby is missing?

Whatever happens...do not go back to him. If he's hit you so hard you have fractures....it will only get worse....

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Quoting llworking

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If you do not have a work visa and are unable to support yourself, you may want to consider returning to your home country. It will certainly be nearly impossible for your husband to get another H1 visa job with this hanging over his head, and he may very well have returned to your home country himself.

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If she's present on a H4 visa, and her husband has "disappeared" such that he's not working and is out of status, her H4 visa is derivative of his and she's out of status as well. If that's the case, she would want to look into a U visa (temporary status for victims of crime).

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Quoting souperdave

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Did you perchance miss the part that the hubby is missing?

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True but if he runs it to police and does get arrested this is probably what he is looking at,definitely stay away from this scumbag.

What kind of charges would be brought in?