Criminal Immigration Lawyer
Domestic violence, also known as domestic abuse, is considered one of the most underreported
crimes, which became more widely recognized during the 1980s and 1990s.
A noncitizen is deportable under the "domestic violence deportation
ground” if he or she is convicted of the following: A) a crime of
domestic violence; B) a crime of child abuse, neglect or abandonment,
or C) stalking; or D) if found in civil or criminal court to have violated
certain sections of a domestic violence protective order.
8 USC § 1227(a)(2)(E).
What is Domestic Violence under New York laws?
New York family courts and criminal courts have concurrent jurisdiction
over "family offenses", such as assault, sexual misconduct or
abuse, stalking, menacing, and strangulation. As a result, victims of
domestic violence may bring civil charges in family court, criminal charges
in criminal court, or simultaneous actions in both courts.
Domestic violence can take many forms, which include but are not limited to:
- Assault or attempted assault;
- Choking or Strangulation;
- Reckless endangerment;
- Harassment or aggravated harassment;
Abuse can occur without regard to the parties' sexual orientation,
gender expression or identity, race, age, socio-economic status, disability,
education level, culture or religion. Domestic violence victims may apply
for an order of protection from either court, including an order that
the defendant stay away from the victim and the children involved.
Family offences face a wide range of penalties under New York Law. For
instance, conviction of a violent felony offense such as first-degree
assault will impose a sentence of 5 to 25 years in prison or a fine of
up to $5,000. First-degree strangulation - another violent felony offense
- can result in imprisonment of 3.5 to 15 years or a similar fine of up
Domestic Violence in New Jersey
New Jersey domestic violence laws are very strict. In fact, in New Jersey
domestic violence is the actual or threatened physical, sexual, emotional,
or economic abuse of an individual by someone with whom they have or have
had an intimate relationship.
Following 14 criminal offenses upon a person are prohibited under the Prevention
of Domestic Violence Act (PDVA) of 1991:
- Terrorist threats;
- Criminal Restraint;
- False imprisonment;
- Sexual assault;
- Criminal trespass;
- Criminal sexual contact;
- Criminal mischief;
In domestic violence cases, the plaintiff is a person who seeks or has
been granted relief under the PDVA. The defendant is a person at least
18 years old or emancipated who is alleged to have committed or who has
been found to have committed an act of domestic violence under the PDVA.
The parties must have had a specific relationship at present or in the past.
As said, a conviction for a
domestic violence offense is an aggravated felony under U.S. immigration law.
Popal v. Gonzales, 416 F.3d 249(3d Cir. 2005) the Court held that simple assault is not an aggravated felony, crime
of violence, but it is a crime involving moral turpitude (CIMT) if the
crime is committed knowingly or intentionally.