Immigration can be greatly affected by a restraining order. The consequence of having a restraining order against you may jeopardize your immigration status and ultimately lead to deportation in worst case scenario.
A restraining order is essentially a court order that protects an individual from being abused, threatened, harassed, stalked, etc. In California, within certain restraining orders, you and the other party must have some kind of relationship. This can mean the two are married, divorced, living together, dating, have dated, have a child together, etc.
· Types of restraining orders in California
o Civil Harassment: If you are being stalked, harassed, threatened, or abused by someone you are not close enough to that would require you to instead file a domestic violent restraining order. (This may include a stranger, neighbor, uncle or aunt, cousins, etc. This also includes distant family members.)
o Domestic Violence: Someone you have a close relationship with that has abused you. (This may include someone you have married, divorced, someone you are living with, dating, have dated, have a child together, etc. This also includes immediate family members such as brothers, sisters, and grandparents.)
o Elder or Dependent Adult Abuse: If you are over the age of 65 years and are being abused, neglected, deprived of necessities from a caregiver, or given treatment that may harm you. This specific protective order also applies to those between the ages of 18 to 64 years if they have certain disabilities that keep them from being able to partake in normal activities or being able to protect themselves.
o Workplace Violence: If you are an employer or seek a protective order to protect another employee that has suffered harassment, stalking, or any other serious threat within the workplace. (If an employee is facing these issues within the workplace- they must file a civil harassment restraining order to protect themselves instead of a workplace violence order).
· Consequences of restraining order
o Can result in deportation proceedings, especially if the restraining order is regarding any domestic violence
o Issues with application being approved for Green Card or Visa applicants
o Even a small violation may lead to possible deportation
Though ever case is different, and consequences are based upon the individual's criminal history and immigration status, there are harsh consequences for violating or disobeying a restraining order.
· Consequences of disobeying restraining order or protective order
o If protective order is violated, deportation may occur as a result despite the individual's lawful status (such as a Green Card holder)
o Deportation can occur at any time after the protective order is violated
o First offense: results in possibly one year in jail and a fine of up to $1,000
o An offense with an injury: results in a possible fine of up to $2,000 and jail time of at least 30 days
If you find yourself in any legal trouble that may result in your immigration status being affected, contact an experienced attorney for guidance on your specific case. They will best be able to help guide you with knowledge of your rights and with the proper assistance that you may need.
This is a legal blog. It is not intended to be used as legal advice. This blog does not create Attorney-Client Relationship. For further information please contact the law offices of attorney Ramona Kennedy.
Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California, licensed by California Supreme Court (USA). Ramona Kennedy is the lifetime, honorary member of the US Supreme Court's Bar Association and a member of American Immigration Lawyers Association (AILA). Ramona Kennedy is fluent in English and Farsi (Persian).
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