Fighting a domestic violence case (USA/ India)

[frustratedwife]

im an indian citizen married to a u.s. citizen. we got married a year ago in india (registered). my visa only arrived in march of this year. during the time we were apart i have evidence in the form of an email that he had an affair. after i went to the u.s. there was repeated domestic violence and constant interference from his entire family. as we were staying with his mother and step father. i came back to india after just 4 months of staying there. in that period they have tapped all my calls and with all the frustration i was going thru' i had a weak moment and got in touch with my ex boyfriend who lives in india. as the lines were tapped they have recorded my phone conversations. for the domestic violence i dont have any proof because it was verbal and physical but i never documented anythin because i didnt know it would come to this. how can i go about fighting my case?
after i came back i got a court summons from illinois (where he resides). my visa (spouse visa) expires on august 1st but i also have my green card. should i get back into the country before my visa expires to fight the cases in court?

[AFFA]

I wish to inform you that if you intend to represent yourself then you need to go back to USA and need extension of visa. If you do not intend to self represent yourself then a lawyer can represent you. As there was domestic violence therefore you can take action against your husband and even file a petition for VAWA if you are in USA. You can show domestic violence through statements of person having knowledge of these facts. In evidence you can produce those persons with whom you have discussed the matter. The subject matter of lawsuit will determine your defenses.

AFF

[Friend In Court]

Originally Posted by frustratedwife im an indian citizen married to a u.s. citizen. we got married a year ago in india (registered). my visa only arrived in march of this year. during the time we were apart i have evidence in the form of an email that he had an affair. after i went to the u.s. there was repeated domestic violence and constant interference from his entire family. as we were staying with his mother and step father. i came back to india after just 4 months of staying there. in that period they have tapped all my calls and with all the frustration i was going thru' i had a weak moment and got in touch with my ex boyfriend who lives in india. as the lines were tapped they have recorded my phone conversations. for the domestic violence i dont have any proof because it was verbal and physical but i never documented anythin because i didnt know it would come to this. how can i go about fighting my case? after i came back i got a court summons from illinois (where he resides). my visa (spouse visa) expires on august 1st but i also have my green card. should i get back into the country before my visa expires to fight the cases in court?

Domestic violence cases are criminal in nature and if you are accused, by all means you should defend. They are prosecuted by the state so having a criminal defense lawyer is critical. It is unfortunate you did not file domestic violence reports when they occurred. But you can and should defend if at all possible so that you do not have any marks on your record that could affect your ability to re - enter the case.

The first thing I suggest is contacting a criminal defense lawyer in the county in which the cases are filed. Also, the prosecutor's offices usually have victim advocates for victims of domestic violence. Since you were the victim, you need to have counsel from an advocate to support you and guide you through the process. You will have to answer the charges and countering with your account of the violence against you may be what they suggest.

August 1 is next week, so you do not have time to waste.