Criminal Defense of Immigrants


§ 17.25 2. Domestic Violence Protection Order Violation

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                This ground of deportation, added in 1996, applies to those, including juveniles, who suffer civil court findings of violation of a family violence protective order.[170]  A person becomes deportable whom a civil or criminal court has found to have violated a domestic violence protective order, even without a criminal conviction.


This ground of deportation therefore has the following elements:


                (1)  a determination

                (2)  by a court

                (3)  that issued a protection order

                (4)  that enjoined a noncitizen

                (5)  that the noncitizen engaged in conduct that violates

                (6)  the portion of the protection order

(7)  that protects a person against credible threats of violence, repeated harassment, or bodily injury.


For a detailed discussion of this ground, see § § 22.33-22.40, infra.

[170] See INA § 237(a)(2)(E)(ii), 8 U.S.C. § 1227(a)(2)(E)(ii).