On September 11, 2024, the Continuous Violence Against the Family charge against Timothy's client was dismissed due to insufficient evidence of the defendant's guilt. This case, like many involving domestic disputes, required a strategic and careful approach to ensure justice was served.

The Arrest and Initial Charges

The case began when the client's wife, a U.S. citizen, called 911 and accused her husband of repeatedly assaulting her over the course of three months. Based on these accusations, the client was arrested and charged with Continuous Violence Against the Family, a serious offense that can carry heavy penalties in Texas.

After bonding out of state custody, the client was transferred to ICE custody in Conroe, TX, where he remained throughout the entire legal process due to his immigration status. Despite the serious charges, Timothy and his team were confident in the client's innocence.

The Breakthrough: Witness Recantation

A major turning point in the case occurred when the complaining witness, the client's wife, admitted that her allegations were false. She revealed that she had been intoxicated at the time of the 911 call and her subsequent interactions with law enforcement. None of her statements were true, and she recanted her accusations.

This recantation, coupled with a lack of other substantial evidence, led to the dismissal of the charges. Timothy worked diligently to present the facts, proving that there was insufficient evidence to support the charges. By carefully analyzing the case and demonstrating that the allegations were based on false claims, Timothy was able to clear his client's name.

A Path Forward Under the Violence Against Women Act (VAWA)

While the dismissal of the criminal charges was a victory, Timothy didn't stop there. His client had suffered "extreme cruelty" at the hands of his U.S. citizen spouse, including false accusations that led to his wrongful arrest and detention. Under the Violence Against Women Act (VAWA), the client was eligible to seek benefits as a self-petitioning spouse.

The VAWA allows non-citizen spouses who have suffered abuse from a U.S. citizen or lawful permanent resident to petition for legal status independently of their abuser. This provides protection and a path to legal residency for individuals who may otherwise feel trapped in an abusive relationship. With Timothy's guidance, the client is now pursuing this option to secure his future and begin a new chapter of his life.

How I Can Help You

If you or someone you know is facing false accusations, struggling with domestic violence charges, or needs help with immigration issues under the Violence Against Women Act, don't hesitate to reach out. Timothy and his team have the experience and dedication to fight for justice and ensure that your rights are protected.

Contact us today at 832-336-7003 for a confidential consultation. We're here to help you every step of the way.