He needs an experienced criminal lawyer and an experienced immigration attorney asap. A domestic violence charge is tough but not impossible to beat.
Luis A. Guerra, Esq.
Law Office of Luis A. Guerra, PA
4801 South University Dr., Suite 252
Fort Lauderdale, FL 33328
Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.
I changed the Pratice area to "Immigration" so attorneys that have experience with INS holds will see your question. Also, because your guy has criminal charges against him he probably needs the help of a criminal defense attorney. And as an aside you would probably benefit by considering the risks of staying in a dangerous relationship.
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You should also speak with a licensed family therapist or counselor to be sure that you get clear objective advice about your situation so you can make the best decisions for you and your children. While it might be tougher in the short run to leave him, there are some programs to help you, such TA-DVS through the state of Oregon Department of Human Services, and in the long run you might be safer and more stable in a different situation rather than your current situation.
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Run don't walk to where you can get counseling and advice on domestic violence. The odds of being killed by domestic violence for the victims is one in twenty-five. The reality is that women are always in love with their men who later turn out to be lethally violent. They have children with them just like you do. They think that it was just one time, that it wasn't really that bad, that it won't happened again. But the odds are strong that it will happen again and it will get progressively more violent followed each time by a honeymoon stage where the perpetrator is apologetic, makes promises that it won't happen again and goes out of their way to be nice, for a while.
With only the limited information you have given I can't identify if you are falling into a typical pattern of domestic violence that is escalating but given the charges against your boyfriend I suspect that this is a pretty serious matter and there may have been some violent behavior on his part previously even if it was only verbal abuse. Here are the numbers for the Oregon Coalition Against Domestic and Sexual Violence Portland: (503) 365-9644, Elsewhere in Oregon: (800) 622-3782. Please call them and have them direct you to someone you can talk to confidentially about the situation. You need an objective and trained person to talk to so you can see if you are falling into this trap before it's too late. You can still choose to support your man, but please talk to some one with professional experience before you continue this relationship in any form. I am going to add some more helpful links below where you can find other numbers to call to connect you with counseling services in the Salem area.
The other problem you are facing is that even if the criminal charges are resolved favorably for your boyfriend, he is going to still get deported if he was here with a proper visa or green card. That's because the immigration people place holds on people that are undocumented solely because they were notified when he was arrested, but not because he faces criminal charges. The put the hold on when they check and see is is not properly documented. Detained undocumented aliens are either sent back on a plane or bus or told to make their own travel arrangements and leave in a certain number of days. The ones that are given time to leave on their own can be charged with a serious crime if they don't leave and get picked up again. (I don't know what country your guy is from, but if he is Cuban, he can only be deported on paper. He won't actually go back to Cuba because we don't have any agreements for sending deported Cubans back. Once Cubans are released from jail, they get a special parole status visa that allows them to stay an work but not get green cards or apply for citizenship and in theory they can get sent back to Cuba if relations normalize.)
In terms of the legal services available to your boyfriend, he will most likely get a court appointed attorney when he is arraigned. He could opt to hire a private attorney but the cost of private criminal representation can be very expensive. You will most likely need to hire an immigration attorney as well and this can be important to do early since it is important to try to avoid getting a conviction or pleading guilty to a charge that will block his chances for fixing his immigration problems in case he qualifies for some way to do that.
The comments by this author to questions posted on Avvo are designed to foster a general understanding of what might be the law governing the area of the legal problem stated and suggest what might be the approach to finding a legal solution. Under no circumstances is this author acting as the attorney for the party who posted the question or as the attorney for subsequent readers to the question or response and no attorney client relationship is being formed. This attorney's comments are not intended to be a substitute for getting legal advice from a licensed attorney. A reader of this author's comments should never act on the information provided in these comments as though these comments were legal advice and should always seek legal advice in a personal consultation with an attorney in their jurisdiction before taking action. The information provided here is not intended to cover every situation with similar facts. Please remember that the law varies between states and other countries and is always changing through actions of the courts and the Legislature.
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