An argument with your partner escalates unexpectedly. A knock at the door signals the arrival of law enforcement, and suddenly, your life is turned upside down. Facing domestic violence allegations is overwhelming, but for non-citizens in California, the stakes go far beyond the immediate charges.
Your immigration status, ability to stay in the United States, and family’s stability are now in jeopardy. And you are left wondering, Can you be deported for domestic violence?
Knowing your rights and the legal options available can make all the difference in this critical moment. Below, we break down domestic violence laws in California, their penalties, and the immigration consequences of a conviction.
Can You Be Deported for Domestic Violence?
Domestic violence charges can lead to deportation for non-citizens in California. United States immigration laws consider certain criminal offenses—including domestic violence—as grounds for removal from the country. The outcome, however, depends on the unique facts of your case, including the type of charge, your immigration status, and the evidence presented against you.
To overcome these obstacles, you must understand federal immigration law and California’s criminal code.
Domestic Violence Laws in California
California’s domestic violence laws aim to protect individuals in intimate relationships from physical harm or abuse. This includes spouses, domestic partners, cohabitants, and even individuals in a dating relationship. Two statutes commonly used for domestic violence charges include:
- California Penal Code §273.5—Willful infliction of corporal injury resulting in a traumatic condition on an intimate partner; and
- California Penal Code §243(e)(1)—Battery against a spouse, cohabitant, or parent of a shared child, which does not require visible injuries.
To convict someone under Penal Code §273.5, prosecutors must prove that:
- The defendant willfully inflicted physical injury,
- The victim was an intimate partner, and
- The injury resulted in a traumatic condition, such as visible bruising or internal injuries.
If you are facing these charges, consult an attorney immediately to assess your case and explore your legal options.
Penalties for Domestic Violence in California
Domestic violence penalties vary depending on the charges and circumstances:
- Misdemeanor domestic violence. Such a charge can lead to up to one year in county jail and fines of up to $2,000. You also will be ordered to participate in a batterer’s program and also possibly be ordered to complete a specific number of community service hours. You will also lose your right to own a firearm for lifetime under federal law.
- Felony domestic violence. Felony charges carry two to four years in state prison with heavier fines. You will lose your right to own a firearm for lifetime under federal law, and if probation is ordered, you will have to abide by its stringent requirements for the duration of the probationary period.
Convictions can also lead to long-term consequences, including difficulty securing employment, housing, or professional licenses—even beyond domestic violence deportation concerns.
Immigration Consequences of Domestic Violence Convictions
Under the Federal Immigration and Nationality Act, a domestic violence conviction is a deportable offense. Depending on the circumstances, deportation can be triggered by the following:
- Nature of the offense. Crimes involving violence, moral turpitude, or aggravated felonies can trigger deportation proceedings.
- Immigration status. Undocumented immigrants, lawful permanent residents (green card holders), and visa holders may all face deportation under different standards.
- Aggravating factors. Prior convictions, protective order violations, or charges involving weapons may escalate the severity of consequences.
These factors make it critical to address both the criminal and immigration aspects of your case simultaneously.
Can You Get Deported for Domestic Violence Even Without a Conviction?
Immigration authorities can start deportation proceedings based on allegations or arrests, even without a formal conviction. For example:
- Deferred adjudications. If you accept a plea deal, such as probation or counseling, immigration officials may still interpret this as an admission of guilt.
- Protective orders. Violating a restraining order in a domestic violence context can independently lead to deportation under immigration law.
This highlights the absolute necessity of having a solid legal advocate on your side.
Defenses Against Domestic Violence and Deportation
An experienced defense attorney can employ several strategies to contest both the criminal charge and its immigration consequences:
- Disputing the evidence—challenging weak or circumstantial evidence can undermine the prosecution’s case;
- Self-defense—demonstrating that your actions were a response to imminent harm;
- False allegations—highlighting inconsistencies or motives for false accusations, such as custody disputes or retaliation;
- Negotiating charge reductions—securing a plea to a lesser, non-deportable offense; or
- Vacating convictions—filing a motion to vacate previous convictions due to procedural or constitutional errors.
These defenses require sophisticated knowledge of immigration rules and California law.
Why You Need a Domestic Violence Defense Lawyer
We champion your future at The Law Offices of Kerry L. Armstrong, APLC. We leverage our experience from well over 100 jury trials, including cases involving domestic violence and the resulting immigration consequences. We carefully examine the charges and evidence to identify weaknesses in the prosecution’s case.
Our attorneys skillfully negotiate plea agreements, striving to avoid immigration-related repercussions by forcefully advocating in court for dismissals or reduced charges. Throughout criminal law proceedings, we safeguard your rights, ensuring you receive due process.
Our team is devoted to achieving justice for every client and protecting your legal rights and reputations.
Start Protecting Your American Dream Today
Do not let allegations of domestic violence define your future or jeopardize your immigration status. At The Law Offices of Kerry L. Armstrong, APLC, we have the trial experience, legal knowledge, and dedication to help you take control of your situation. Your story is not over, and with the proper defense, you can turn this chapter into a story of resilience and justice.
Contact us today to schedule a confidential consultation and discuss your case. Let’s build your defense and fight for your future together.
Preguntas frecuentes
What If I Am Falsely Accused of Domestic Violence?
False accusations are more common than many realize and can often be disproven through a detailed investigation. Start by gathering evidence supporting your side of the story, such as text messages, emails, or witness statements. Work closely with an experienced attorney who can identify inconsistencies in the allegations and build a strong defense on your behalf.
Can Domestic Violence Charges Impact My Citizenship Application?
U.S. immigration law requires applicants to demonstrate good moral character. A conviction for domestic violence may prevent you from meeting this requirement and delay or deny your naturalization process.
Is It Possible to Dismiss a Domestic Violence Conviction?
California does not have true expungements like many other states have. Instead, certain convictions may be eligible for dismissal under Penal Code §1203.4. If you get your case dismissed under this law, however, it is not sealed or eliminated from your record. Instead, it shows up on your record as the case getting “dismissed.” Unfortunately, such a dismissal does not always erase the immigration consequences of such a charge, and authorities may still consider the conviction in removal proceedings.
Resources:
- U.S. Citizenship and Immigration Services, Immigration and Nationality Act, link
- Cal. Family Code section 6211, link
- 2022 Case Update: Domestic Violence Deportation Ground. Immigrant Legal Resource Center (2022), link
- Record cleaning for non-citizens. Judicial Branch of California, link
- BIA Expands Definition of ‘Crime of Domestic Violence.’ Catholic Legal Immigration Network, Inc. (2016), link
- Chapter 4 – Permanent Bars to Good Moral Character, U.S. Citizenship and Immigration Services (2025), link
- Domestic Violence Restraining Orders in California. Judicial Branch of California, link
- San Diego County Office of the Public Defender, Expungement (Dismissal) of Criminal Records, link
- California Penal Code section 1203.4, link
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