FAQ: Immigration Concerns in Domestic Violence Criminal and Protection Order Cases
Q: What are the primary concerns for non-citizens facing domestic violence charges or protection orders?
A: Non-citizens main concern is the risk of deportation or exclusion from the U.S. if convicted of domestic violence crimes or if found in violation of a protection order.
Q: What constitutes domestic violence under Washington state law?
A: Domestic violence is defined as physical harm, bodily injury, assault, fear of imminent harm, sexual assault, or stalking between intimate partners or family members (Revised Code of Washington section 26.50.010).
Q: What is a domestic violence order for protection?
A: A domestic violence order for protection is a court order that can command various behaviors such as; prohibiting acts of domestic violence, restricting contact with the protected party, and requiring the surrender of firearms.
Q: What happens if a non-citizen does not appear in court for a domestic violence proceeding?
A: Failing to appear can result in a default judgment in protection order cases or a warrant in criminal cases. A warrant can lead to arrest and increase the risk of immigration detention and deportation.
Q: What are the deportation risks associated with domestic violence convictions?
A: Under federal law, non-citizens convicted of domestic violence, child abuse, or violations of protection orders can be deported (8 U.S.C. § 1227(a)(2)(E)(i) and 8 U.S.C. § 1227(a)(2)(E)(ii)). Even without a conviction, violation of a protection order can trigger deportation proceedings.
Q: How can non-citizens mitigate the risks associated with domestic violence charges or protection orders?
A: It is crucial for non-citizens to participate in legal proceedings and seek legal counsel to protect their rights. Consulting with an attorney who understands both domestic violence and immigration law can provide valuable guidance and support.
By addressing these FAQs, non-citizens can better understand the implications of domestic violence cases on their immigration status and take informed steps to protect themselves.
Q: How can a lawyer help prevent a protection order from being issued against me in Washington state?
A: A lawyer can help prevent a protection order from being issued by employing several legal strategies:
- Challenging the Evidence: Lawyers can scrutinize the evidence presented by the petitioner to ensure it meets the legal standard required for a protection order. This can include cross-examining witnesses and presenting counter-evidence.
- Demonstrating Lack of Credibility: Attorneys can argue that the petitioner lacks credibility by highlighting inconsistencies in their statements or evidence, and by presenting evidence that contradicts their claims.
- Showing No Immediate Threat: To obtain a protection order, the petitioner must demonstrate an immediate threat of harm. A lawyer can argue that no such threat exists, possibly through character witnesses and other evidence.
- Negotiating Terms: In some cases, attorneys can negotiate terms that are agreeable to both parties without the need for a formal protection order. This can involve mediation or informal agreements that satisfy the petitioner’s concerns.
- Filing Motions to Dismiss: Lawyers can file motions to dismiss the protection order if they can demonstrate that the legal criteria for issuance are not met. This can include arguing procedural errors or lack of jurisdiction.
By understanding and leveraging these legal strategies, non-citizens can better navigate the complexities of domestic violence proceedings and protect their rights.