Mistakes to Avoid in Cancellation of Removal for Battered Spouses
Cancellation of removal proceedings are lengthy, difficult processes on their own. Add an element of abuse and it becomes exponentially more strenuous. There are many mistakes to avoid in cancellation of removal proceedings for battered spouses, which is why the experience of an attorney is invaluable. If you or a loved one has found yourself in a situation where you have been abused and are currently going through cancellation of removal proceedings, it is crucial to hire a
If you or a loved one has found yourself in a situation where you have been abused and are currently going through cancellation of removal proceedings, it is crucial to hire a cancellation of removal lawyer immediately. An attorney can aid in building a convincing case, and assisting in lessening any potential burdens or hardships associated with these proceedings.
Common Mistakes
The most common mistake on these types of applications is underestimating the evidentiary requirements. Another mistake is people assuming the statement from the victim is going to be sufficient to prove battery or extreme cruelty. In some cases it is, but an individual needs to know their audience and never underestimate the evidentiary requirements.
It is important to know the kind of atmosphere and approval ratings of the court that the case is being tried in. It is crucial to understand how the specific judge operates, as well as what an individual will need in order to prove battery or extreme cruelty. It is pertinent that the case is well documented with as much evidence as possible, and that said evidence is submitted prior to the individual hearing. Many people do not bring sufficient evidence, and the case does not go as smoothly as the individual expected. Finally, one should be prepared to go over everything they have stated in their declarations at the individual hearings.
Choosing the Right Attorney
It is important to contact an attorney who has done a lot of applications for allegedly battered spouses, so that they have a great deal of experience dealing with people in these specific scenarios. This is incredibly important because many times, the attorney may be the first person hearing the extent of abuse.
It is vital for an individual to have someone they feel comfortable talking to, and who has experience dealing with situations of abuse and trauma. It is important not only for their comfort level, but also in preparing an effective case with as many specific details as possible.
Some abuse victims experience PTSD, have a hazy memory because of the passage of time, or even block the abuse out of their consciousness. For these reasons, it is important to get the known facts and make sure the statements and declarations that will be submitted prior to the hearing are completely in line with the testimony at the final hearing. An individual needs to feel confident that their attorney is properly communicating with them, and portraying a story that is accurate and can be re-told effectively to the judge at trial.
Other Things to Keep in Mind
The first thing to note, especially in cases where there may not be well-documented cases of abuse, is the importance of being as specific and accurate as possible. Also, being extremely consistent in the declaration of abuse is key, because many times the judge will only have those statements to rely upon. If there are any inconsistencies, such as in the declaration or the testimony to the court, the prosecutor could use those things to discount credibility. If an individual has been subjected to extreme abuse and their memories are not perfect, being concise and clear on the paper application, as well as producing consistent testimony in court, is of the utmost importance.
Also, one should not neglect the seemingly simpler aspects of the case, such as proving the physical presence and submitting evidence to show the qualifying relative. Even if the most difficult part of the case is proving battery or extreme cruelty, make sure to submit evidence to meet all other requirements as well.
The last thing to remember is to make sure to comply with all other administrative requirements, such as getting fingerprinted and submitting all completed documents to the service center prior to the hearing.