How an Injunction May Cause Deportation
Domestic violence is a serious offense. If your spouse or someone else in your family files an injunction against you the repercussions can be catastrophic. If you are an immigrant, your ability to continue living in the United States may be in jeopardy.
Abusing the Freedom of the U.S.A.
In the United States we enjoy many freedoms that other areas of the world can only dream about. This is truly the land of opportunity and Florida is home to a very large population of non-citizens. Families of all nationalities sometimes have problems. When those problems result in violence, a larger issue comes into play. By law, domestic violence is not tolerated. Victims do not always report abuse, but for those who do, consequences for the abuser can be severe.
One of the freedoms enjoyed in the United States is the pursuit of happiness. Abusing another person is abusing that person’s right to happiness among other things. When a non-citizen abuses someone and is arrested or if an injunction or “restraining order” is issued against a non-citizen, that person may be deported.
Violating an Injunction and Deportation
The injunction is meant to protect the abused party. If an injunction is filed against a non-citizen and that person chooses to violate the injunction, it is considered an offense against a court order. Refusal to abide by all the conditions of the court order can lead to criminal charges or contempt of court. In the case of a non-citizen, a conviction is not needed for deportation.
The injunction specifies what a person may and may not do in regard to relationship of the abused. Conditions of the injunction may require you to stay at a certain distance from the plaintiff and avoid certain places such as the plaintiff’s place of employment or school. You may be required to attend classes on anger management or enroll in a batterer’s intervention program. Whatever conditions are laid out in the injunction must be followed in order to not be in violation of the injunction.
If you are a non-citizen, you need to understand that any violation of the injunction is grounds for deportation. For non-citizens who have been in the United States longer than ten years, you may be eligible for a “cancellation of removal,” which a judge will decide; however, any violations of the injunction may make you automatically ineligible for this.
If you need legal consultation regarding domestic violence, contact Tison Law Group. We have experience in domestic violence litigation. Call us to schedule a consultation.