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Understanding the Implications of Domestic Violence in Oakland, California
When immigrants arrive in the United States, they are expected to respect both state and federal laws. While not all criminal offenses lead to deportation, certain convictions—especially those related to domestic violence—can have severe immigration consequences.
It’s important for non-U.S. citizens, including lawful permanent residents (Green Card holders) and visa holders, to understand that violation of domestic violence laws can trigger deportation proceedings.
The Definition of Domestic Violence in California
The California Courts define domestic violence as “abuse or threats of abuse when the abuser and the abused are or have been in an intimate relationship.” This includes spouses, domestic partners, dating partners, individuals who have lived together, and those who share a child. It also encompasses physical abuse within closely related family members, whether by blood or marriage.
Forms of Abuse Under California Law
California’s legal framework outlines what constitutes “abuse” under domestic violence statutes:
- Intentional physical harm to another individual
- Recklessly causing physical injury to another person
- Sexual assault, including acts such as molestation or rape
- Creating fear of serious injury to the victim
- Making threats against the individual or others
- Disturbing another person’s peace
- Stalking or harassing another
- Damaging someone else’s property
Legal Consequences of Domestic Violence
The Immigration and Nationality Act (INA) specifies several offenses that may lead to deportation. This includes drug offenses, felonies, fraud, theft-related crimes, and violent crimes like domestic violence.
Deportability Under the Immigration & Nationality Act
According to INA Sec. 237 (8 U.S.C. 1227 (E) (I)), any non-U.S. citizen convicted for domestic violence, stalking, or any crime involving child abuse, neglect, or abandonment may face deportation. The following categories are specifically highlighted:
- A current or former spouse
- Any person with whom the offender shares a child
- Anyone residing with the offender
- Previous cohabitants as spouses
- Any person protected under domestic or family violence laws
The Severity of Domestic Violence Offenses
State and federal courts take domestic violence offenses very seriously. If a non-U.S. citizen is convicted of domestic violence against a spouse, partner, child, or any other individual protected by law, it can initiate deportation proceedings.
What Should You Do If Charged with Domestic Violence?
If you are facing domestic violence allegations in Oakland, California, and are concerned about potential deportation, it is imperative to seek legal guidance. Contact the Law Offices of Nabiel C. Ahmed for a consultation and explore your options. Our experienced Oakland Criminal Defense Attorney, Nabiel C. Ahmed, is committed to protecting your rights and navigating the complexities of your case.
Understanding Your Rights
Legal Representation During Criminal Proceedings
Legal representation is vital for anyone facing criminal charges, especially for non-U.S. citizens. A qualified attorney can help you understand your rights, provide advice on how to respond to allegations, and work to mitigate the potential consequences for your immigration status.
Navigating Restraining Orders in California
In cases of domestic violence, a restraining order may be placed against the accused. It is essential to comprehend how restraining orders affect your situation and what steps can be taken to respond appropriately. Our team is equipped to help you craft a strategy to address these orders.
Protect Yourself with Legal Support
The emotional and legal challenges presented by charges of domestic violence are daunting. At the Law Offices of Nabiel C. Ahmed, we prioritize your well-being and rights. Whether you are facing misdemeanor or felony domestic violence charges, we are here to provide you with the knowledgeable representation necessary to navigate these complicated legal waters effectively.
For immediate assistance, please reach out to our office at 510-576-5544. Your future is important—do not face this challenging situation alone.
Your Next Steps
If you are unsure of your rights or the implications of your charges, it’s crucial to consult a knowledgeable attorney. At the Law Offices of Nabiel C. Ahmed, we are dedicated to advocating for you and helping you understand all possible options when facing accusations of domestic violence.
Contact our Oakland, California office today to schedule a consultation and take the first step towards securing your future.
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