Orders of Protection

Order of Protection – Violation

Federal Immigration Law makes any person who is NOT a U.S. citizen, and who has been lawfully admitted, deportable if:
- A civil or criminal court finds that the person violated an order of protection issued for the purpose of protecting another person from “violent or threatening acts of domestic violence.”
INA 237(a)(2)(E)(ii); 8 U.S.C. 1227(a)(2)(E)(ii)

This provision applies to:
- Family Court Orders of Protection issued in ANY type of family court proceeding (not just Article 8);
- Temporary and Final Orders of Protection;
- Regardless of whether there is an accompanying criminal prosecution for violating the Order of Protection.

This provision may be triggered whenever:
- A Family Court finds that an individual violated a condition of an order of protection having to do with protection from domestic violence;
- Even if the violation involved no violent or threatening conduct.
- See Matter of Strydom, 25 I. & N. Dec. 507 (BIA 2011).

In addition to potential deportation, the violation of a Family Court Order of Protection can lead to:

Denial of a Deportation Waiver which would protect someone from being deported.
Denial of an Immigration Benefit including lawful permanent residence and citizenship.
Interrogation after travel abroad and possible denial of reentry to the United States.