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Can Domestic Violence Lead to Deportation?

Fifty years ago, what happened inside the home was kept private. People respected each other’s privacy and ignored what happened behind closed doors. These days, much has changed and our society has decided that domestic violence between family and household members is intolerable, namely spousal abuse and child abuse.

Like other states, California residents are encouraged to call 911 if they are being abused by a family or household member. Victims of domestic violence can ask the court for an Emergency Protective Order (EPO), which lasts up to seven days. If an EPO is approved, it can order the abuser to move out of the family home. An EPO can also include orders addressing child custody.

While both a U.S. citizen and a Green Card holder can face criminal charges for domestic violence, a Green Card holder can face additional consequences. Depending on the facts of the case, the non-U.S. citizen can face removal proceedings if they are found guilty of domestic violence (typically abusing their own spouse or child).

Deportable Aliens Under the INA

Under Section 237 1/[8 U.S.C. 1227] of the Immigration and Nationality Act (INA), General Classes of Deportable Aliens, it outlines which groups of immigrants are deportable under U.S. immigration law. Some of the deportable aliens include those who commit smuggling, controlled substance violations (drug crimes), crimes of moral turpitude, document fraud, claiming false citizenship, and domestic violence.

Under U.S. immigration law, domestic violence is a deportable offense. This means an alien can be deported if they are found guilty of causing physical injury to their spouse, son or daughter, or another member of their family. For example, if a man were to beat his wife, giving her a black eye, he could be placed in removal proceedings if there is enough evidence against him. Same goes for a mother who is found guilty of physically abusing her own children.

If you or someone you love is facing domestic violence charges in Orange County, contact our firm at once for a free criminal defense consultation.