Can a domestic violence charge or restraining order lead to deportation?

This page is for people accused of domestic violence or restrained by a court order. If you are being abused, please read How to get a domestic violence restraining order instead, and call 911 if you are in danger. This page is general information, not legal advice.

Can a domestic violence case get me deported?

Yes. Federal law makes a noncitizen who was admitted to the U.S. (for example, a green card holder or a visa holder) deportable for:

1. A crime of domestic violence. In general, a violent crime against a spouse, partner, a person you share a child with, or someone protected by domestic violence laws.
2. A crime of stalking.
3. A crime of child abuse, child neglect or child abandonment.
4. Violating a protection order. This applies when a court finds that the person restrained by the order broke the part that protects against threats of violence, repeated harassment or bodily injury.

The first three need a conviction. The fourth does not. It needs a court finding that you violated the order, which can happen in a civil or criminal court.

For people with no papers, these convictions also matter. Cancellation of removal for people without green cards is barred for anyone convicted of an offense under these deportation grounds (8 U.S.C. 1229b(b)(1)(C)). Ask a lawyer how this applies to you.

Does the exact crime matter?

Very much. Immigration law looks at the exact code section you are convicted under, not the story in the police report. Two people with the same facts can end up in very different places.

What a "crime of violence" means

For ground 1, the law says the crime must be a "crime of violence" as defined in 18 U.S.C. 16, against a current or former spouse, a person you share a child with, or another person in a protected domestic relationship (8 U.S.C. 1227(a)(2)(E)(i)). Courts keep deciding which California crimes count. Recent rulings from the federal appeals court for California, the Ninth Circuit:

• Penal Code 273.5 (corporal injury to a spouse or cohabitant): on July 28, 2026, in United States v. Lopez, the court held that "convictions under California Penal Code § 273.5 are not crimes of violence." Lopez was a federal sentencing case, not an immigration case, but it applied the same kind of force test used in 18 U.S.C. 16(a). The Immigrant Legal Resource Center (ILRC) warns this is not settled yet, because the government could still ask for more review. Under Supreme Court rules, a request for review is due 90 days after the appeals court's judgment, or 90 days after a rehearing request is denied (Supreme Court Rule 13). For Lopez, ILRC reported the deadline as October 26, 2026. Ask a lawyer whether the government asked for review before you rely on Lopez.
• Penal Code 245(a)(1) (assault with a deadly weapon): on January 13, 2026, the full Ninth Circuit held in United States v. Gomez that these convictions "are not crimes of violence." Gomez was also a federal sentencing case, not an immigration case.

These rulings can change a case. They can also be reversed. If you were ordered deported because of one of these crimes, ask a lawyer right away whether your case can be reopened.

Other ways a DV case can count

Even if a crime is not a "crime of domestic violence," it can still cause trouble another way. It might be a crime involving moral turpitude, or an aggravated felony if the sentence is a year or more. See Why the length of a sentence matters and What is an aggravated felony?

How can my defense lawyer protect me?

California law says your defense lawyer must give you accurate advice about immigration effects and try to defend against them, if you want that. Prosecutors must also consider avoiding immigration harm in plea talks.

Ask your lawyer about:

• A different charge that is not a crime of domestic violence, stalking or child abuse
• A record that does not name the victim's relationship to you, when that is truthful and possible. The immigration law's domestic violence ground depends on that relationship (8 U.S.C. 1227(a)(2)(E)(i)), but whether leaving it out of the record helps depends on your case and how courts read the record
• A sentence of 364 days or less on every count
• What a plea to violating a protective order would mean for immigration

You do not have to tell the judge your immigration status when you plead. Tell your own lawyer everything. See Before you take a plea deal.

A civil restraining order with no criminal case

Sometimes a partner or family member asks a family court for a domestic violence restraining order, and no one files criminal charges.

• Being restrained is not, by itself, a deportation ground in the list above. The law reaches a person who is under an order and whom a court finds broke the part that protects against "credible threats of violence, repeated harassment, or bodily injury" (8 U.S.C. 1227(a)(2)(E)(ii)). Other facts in your case can still matter, so ask your lawyer.
• You can respond. When you are served, the papers include a response form, DV-120. You can tell the judge your side at the hearing. A court self help center can explain the forms.
• What you write is a public court record. Talk with a lawyer before you sign a statement that admits violence. Ask an immigration lawyer too.
• The order can last up to 5 years if the judge grants it after the hearing.

If the other person reaches out to you, save the message and ask your lawyer before you respond in any way.

Can a criminal court order put me at risk too?

Yes. After a domestic violence arrest, the criminal court often issues its own protective order. The deportation rule covers both civil and criminal orders, temporary or final. Breaking either one can lead to a finding that counts.

What if I am a survivor too?

Sometimes the person arrested is also a victim. If you were abused, tell your lawyer. Federal law has a special waiver of the domestic violence and protection order grounds for people who were themselves battered or subjected to extreme cruelty and were not the primary perpetrator (8 U.S.C. 1227(a)(7)). It can apply if you acted in self defense, if you violated an order meant to protect you, or if the crime did not cause serious injury and was connected to the abuse you suffered. You may also qualify for protection of your own. See Immigration options if you survived violence, abuse or trafficking.

Can ICE pick me up after an arrest?

It can happen. California limits when local jails help ICE, but those limits have exceptions for some serious convictions. A 2025 federal law also requires ICE to detain some people who entered without permission if they are charged with or arrested for certain crimes, including assaulting a police officer or a crime that causes death or serious bodily injury. Read Can a California jail hold me for ICE? and make a family preparedness plan.

Does a pardon or expungement fix this?

Usually not.

• A pardon does not waive the domestic violence, stalking, child abuse or protection order grounds. See Can a governor pardon help?
• An expungement still counts as a conviction for immigration.
• Vacating the conviction under Penal Code 1473.7, because of a legal mistake such as no immigration advice, can erase it for immigration. See Cancel an old conviction under 1473.7.

What should I do now?

1. Get a criminal defense lawyer at your first court date. If you cannot pay, the court appoints one at no cost.
2. Tell that lawyer you are not a citizen, and ask them to consult an immigration expert before any plea.
3. Follow every term of any protective or restraining order.
4. Get your papers: police report, charges, any order, and your immigration documents.
5. Talk with an immigration lawyer about your status and any risk of detention.
6. Take care of yourself and your family. Finish anything the court orders, on time.

This is a hard season. You can still make choices today that protect your future and the people you love.

Questions people ask

The charges were dropped. Am I safe? A dismissal with no plea is not a conviction. You still must report the arrest on many immigration forms. Keep the dismissal papers.

I have a green card. Should I travel abroad right now? Talk with a lawyer first. Coming back with a pending case or a conviction can be risky. See Should green card holders travel abroad?

My partner wants to drop the order. Can we talk? Not until a judge changes or ends the order. Ask the court how to change an order.

Who can help?

These are free or low cost public offices and nonprofits. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Your public defender for the criminal case. Ask about their immigration help.
• Community Legal Services in East Palo Alto (CLSEPA): immigration and record help for low income residents of San Mateo and Santa Clara counties. 650-326-6440. clsepa.org/services
• Santa Clara County Superior Court Restraining Order Help Center: free walk in help with restraining order forms, (408) 534-5600. Ask whether they help the person responding.
• San Mateo County Superior Court self help center: free, 400 County Center, 6th Floor, Redwood City. Family law facilitator
• State funded immigration legal help: the California Department of Social Services provider map, or call (916) 651-8017.
• More options: Free or low cost immigration legal help in the Bay Area.

Is there a checklist I can print?