Domestic Violence is abuse or threats to abuse of someone who is or used to be in an intimate relationship with the abuser. For example, married spouses, domestic partners, lovers, or those who have a child together, or lived together or are related through blood.
Abuse is physical attack whether is intentional or reckless, sexual assault, assault, threat that causes fear, peace disturbance and destruction of property. Abuse has multiple forms (psychological, emotional, verbal) involving tactics to control and have power over the person being abused.
Domestic Violence would become a criminal domestic violence if one is charged by the police and convicted in court or has violated civil restraining order.
Conviction of a “crime of domestic violence” can cause a Green Card or visa holder to be removed (deportation). The immigrant also becomes inadmissible should he ever leaves the US and wants to come back.
Domestic Violence can cause deportation or inadmissibility in two ways: 1-As a Crime of Violence or Aggravated Felony 2-As a Crime of Moral Turpitude
Crime of Violence Here are some examples of crimes of Domestic Violence (crimes that make the perpetrator inadmissible or deportable) Injury on a spouse or cohabitant Penal Code 273.5; Assault, penal code 245(a) Penal Code 236 (false imprisonment by violence not deceit or fraud)
Note: Simple Assault or Battery can be a crime of moral turpitude (CIMT) if it causes significant injuries.
Crimes of moral turpitude Under Spousal abuse, crimes related to domestic violence are considered a crime of moral turpitude. Conviction of this crime may result in voluntary or mandatory deportability or inadmissibility.
Being involved in a Domestic Violence Situation is not easy. Both victim and perpetrator may be in need of extensive psychological consultation and legal support. If you or someone you know have been convicted and you don't have your US Citizenship yet, you must contact an immigration attorney before you agree to any plea deals your criminal defense lawyer suggests you.
It is advisable to seek legal guidance from our office today as we strive to help guide you with your specific case.
Attorney Ramona Kennedy cares about your case and will fight for you.
You can contact attorney Ramona Kennedy Law Offices (Kennedy Law LC) for an initial consultation and case evaluation. The first consultation is free of charge.
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