I am not an attorney in Arkansas and I do not know Arkansas law. But, if DHS will not do anything, there are other ways to proceed. You or the mom can call the local police or the State prosecutor in your county. Alternatively, on the presumption mom has joint legal custody of the children with dad, she can take the children to a battered women's shelter or a homeless shelter. Once she explains her and the children's situation, the shelter(s) will advise her on how to proceed and usually will help her in the process. If neither she nor any of the children will speak up, it may be difficult, but still not impossible. There are other alternatives, but without knowing more, it is difficult to know what more to suggest. Good luck to you and them.
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I am not an attorney in your state, but in most states, concerns regarding child abuse can be made directly to the police. From your question, it sounds as though you have been present and witnessed the abuse/assault. Choking another person is a crime, whether that person is a child or an adult. Perhaps a call to the police would illict a response.
If they are in danger, or immediate threat of danger, call 911 immediately.
What can the victim do to get help?
If you are in danger, call the police, and get a restraining order against the abuser. Domestic violence is against the law. Take your children and go to a safe place like a friend’s house or women’s shelter. If you are injured, go to a doctor immediately. If you fear reporting the abuse due to your immigration status, contact an immigration attorney immediately.
If you have any questions regarding current or future immigration status contact an immigration attorney before contacting immigration officials at the Department of Homeland Security.
What can I do if I am a Conditional Permanent Resident and abused by my U.S. citizen spouse?
If you are a Conditional Permanent Resident (CPR) you do not have to remain married to your spouse. You can still become an LPR even if you are divorced or separated from your spouse. If you still live with your abusive spouse you do not need their cooperation to obtain LPR status.
To obtain LPR status you must file a petition, form I-751, with the Immigration and Naturalization Service (INS) ninety days prior to the expiration of your two-year card. If you have already divorced your spouse, you may file Form I-751 as soon as you are divorced. If you are filing Form I-751 without the cooperation your abusive spouse , you must file under one of the following categories:
• The marriage was entered into in good faith, but was terminated for good cause.
• The marriage was entered into in good faith, but you have been the victim of domestic violence or extreme mental cruelty.
• It would be an extreme hardship for you to return to your native country.
What can I do if I am a Legal Permanent Resident and subject to abuse from my U.S. citizen spouse?
If you are a Legal Permanent Resident (LPR), you can divorce or leave your spouse without fear of immigration consequences. You should keep documents show the marriage was bona-fide (real) and evidence of the abuse such as police reports and pictures, if you intend to stay in the U.S. and become a U.S. citizen.
This is general information and not legal advise. This communication does not create a lawyer-client relationship.
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