In the realm of family law, cases involving domestic violence protection orders (DVPOs) can be complex and emotionally charged. For individuals dealing with immigration concerns alongside a DVPO, the situation becomes even more intricate.  If you are an immigrant charged with domestic violence or is the defendant in a DVPO proceeding, having a family lawyer practicing in immigration law  can provide valuable insights on how DVPOs can impact immigrant individuals and families. This blog explores the intersection of immigration consequences and DVPOs in the context of North Carolina, shedding light on the challenges and considerations that immigrants may face.

A domestic violence protective order (DVPO), also known as a restraining order are legal orders aimed at protecting individuals from domestic violence, abuse, or threats from a current or former household member.  They are designed to provide victims with immediate relief and safeguard their well-being. North Carolina offers two types of domestic violence protective orders: an ex parte temporary protective orders; and final domestic violence protective orders (also called a DVPO or a 50B order or a restraining order).

For immigrant individuals dealing with DVPO cases, the situation becomes more intricate due to potential immigration consequences.   Certain actions or allegations can trigger immigration-related issues, impacting an individual’s status, eligibility for benefits, and even their ability to remain in the country. DVPOs can have significant implications on immigration matters, as they may affect a person’s eligibility for certain immigration benefits, such as U visas or VAWA (Violence Against Women Act) petitions. These protective orders can also impact child custody and visitation arrangements, which intersects with your expertise in family law.

Immigrants Defending Against DVPO

Defending against a DVPO in North Carolina requires a strategic and thorough approach to provide the best possible defense for immigrants confronted with DVPO proceedings.   The intricate intersection of North Carolina Domestic Violence Protection orders and immigration cases requires a comprehensive understanding of both areas of law in the Spanish language.

It is important that Spanish speaking immigrant client who is advised in their native language, especially those who may not be proficient in English.  Our family lawyer speaks Spanish and offers bilingual service to her clients.  It is essential to provide clients with accurate information about potential consequences, strategies for mitigating negative outcomes, and guidance on preserving their rights and status. For this reason an immigrant with a possible restraining order against them should contact a family lawyer in the state of North Carolina who has a background in immigration law.

Understand the DVPO Process:

In North Carolina, defending against a Domestic Violence Protective Order (DVPO) involves presenting evidence that disproves the allegations or shows that the order is unnecessary. It is important to gather evidence to build a strong defense; a strong defense begins with gathering evidence that contradicts the allegations made in the DVPO. This could include witness statements, text messages, emails, phone records, and any other relevant documentation that can help challenge the petitioner’s claims. When it comes to immigration, being a lawyer practicing in immigration law as well as family law, you can provide valuable insights on how DVPOs can impact immigrant individuals and families.

If the circumstances allow, explore the possibility of negotiation with the plaintiff’s legal representation. This could lead to a mutually acceptable resolution without the need for a lengthy court battle. However, it is important you understand what you are pleading guilty to and the consequence of your guilty plea has on your status.

As an immigrant you are required to disclose your arrest, charges and convictions to immigration when applying for an immigration benefit. Even if the case is dismissed against you you are required to disclose your arrest and charge and explain the disposition of the case.

If you are applying for an immigration benefit, you must send a copy of the criminal disposition to immigration with your application. This is why it is important to be advised by  a family lawyer with an immigration background, before you accept a plea.

Under North Carolina law, judges are not required to provide an immigrant or non citizen defendant with how a plea may affect their immigration status. North Carolina law only requires that a judge provide a general advisement to the defendant before they accept a guilty plea. Unfortunately not every judge will do this unless it is a felony plea. Most judges in the counties I practice (i.e Wake, Cumberland, Harnett) are not familiar with immigration law and know misdemeanor convictions can result in an immigrant referred to immigration court or may disqualify them for citizenship. This is important to seek immigration advice before you accept a guilty plea on any.

The convergence of immigration consequences and domestic violence protection orders adds a layer of complexity to an already challenging legal landscape. As a lawyer specializing in family law and immigration matters, it’s vital to approach these cases with sensitivity, empathy, and a deep knowledge of the legal intricacies involved. By providing expert guidance and tailored strategies, legal professionals can help individuals facing these challenges find the best path forward while safeguarding their rights and well-being.

If you or someone you care about has been charged with domestic violence in Wake, Harnett and Cumberland counties North Carolina, it is extremely important that you contact Fayetteville Domestic violence protection order attorney Dahlia Castillo who is aware of the consequences of such conviction. Our Fayetteville Domestic violence protection order attorney Dahlia Castillo understand how a criminal conviction can affect immigration status. Attorney Dahlia Castillo will fight not only to keep you out of jail but to keep you in the U.S. and with your family.

Contact the Law Office of Dahlia Castillo for legal assistance regarding your child support case in North Carolina. North Carolina child support attorney Dahlia Castillo offers legal representation and assistance for immigrants. Attorney Dahlia Castillo provides a bilingual services to clients.  We offer consultations in-person at one of our offices  in Fayetteville, North Carolina and Fuquay Varina, North Carolina and by Zoom with attorney Dahlia Castillo.  Contact our office at 910-484-3245 to schedule a consultation with attorney Dahlia Castillo. Our bilingual team will answer your questions and explain your options or click here to schedule a consultation online.

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