How a DV Arrest Can Affect Your Custody Case

Under California Family Code 3044, there is a presumption that the child shouldn’t be placed with a parent who is guilty of domestic violence. If you are convicted, the judge is supposed to defer to placing the child in the other parent’s custody. To give the offender all or partial custody, the judge must have a very good reason that they provided the convicted parent with custody.

It’s important to note that you can be denied custody after an arrest and not just after a conviction. For example, if you admitted your guilt in court or a previous case with Child Protective Services (CPS) found that there was domestic violence in the home, that’s enough for the judge to rule against you.

How a DV Arrest Can Affect Your Immigration Status

Can an arrest affect my immigration status? When it comes to domestic violence and immigration rules, there are some major consequences involved. Under US immigration law, an aggravated felony is a range of serious crimes. Just a few of the ones mentioned specifically are:

• Rape
• Drug trafficking
• Sexual abuse of a minor
• Simple battery
• Theft with a prison sentence of a year or more
• Any prison sentence with a charge of at least a year

Besides being considered a violent crime, domestic violence convictions can result in two-, three-, and four-year prison sentences under Penal Code 274.5. As such, they can be considered aggravated felonies. If convicted, you can be deported.

Domestic violence and immigration consequences are incredibly serious. U.S. Immigration and Customs Enforcement (ICE) doesn’t need an actual conviction to use your DV charge for deportation purposes. As long as you admit guilt in some way during the process, you can be deported.

Does a Dismissed Case Affect Immigration?

So, does domestic violence affect immigration? It depends. For example, if you plead guilty to a treatment-mandated felony under California’s new Proposition 36, your charges will be dismissed after you complete treatment. If you admitted guilt during the process, ICE can use this admission to deport you.

Because of this, you need to work with a crimmigration attorney who understands how domestic violence cases can impact immigration outcomes. While a pretrial or pre-plea diversion might be a good option for a U.S. citizen, these options can result in your deportation if you have to admit guilt as a part of the deal.

How Can an Attorney Help Your Domestic Violence Case?

After an arrest for domestic violence, you need to move quickly. Often, the grounds for your future outcome are laid in the first week after the arrest. If the prosecutor realizes that there is minimal evidence or you have proof you weren’t even present early on, you may be able to get the case dismissed.

Domestic violence cases can be tricky, which is why you need to partner with a professional domestic violence lawyer. Through an experienced attorney, you can learn what to expect from the legal process, how to gather evidence, and what type of defense will work best in your case. More importantly, your attorney can tell you how the DV charges could potentially impact your immigration or custody case as well.

Find Support for Your Domestic Violence Case

When dealing with domestic violence and immigration consequences, you don’t want to leave the outcome to fate. You are legally allowed to have an attorney represent you in the courtroom. Many counties in California have no-drop policies and prosecute domestic violence with vigor, which is why you need a talented lawyer on your side.

To learn more, give us a call today.