Tapestri

How Protection Orders Can Help Battered Immigrants

If you are a victim of domestic violence, you can obtain a protection or restraining order from your local court that will protect you from ongoing violence, abuse, threats, or harassment from your spouse, boyfriend, or any family member. You have the right to a protection order regardless of your immigration status. If a judge or police officer asks you about your immigration status, you are not required to give this information. Your abuser cannot be deported if you file for a protection order against him.

What is a protection order?

A protection order is a document written up by the court that can protect you and your children from future abuse by your spouse, partner, or family member.

What are the requirements to obtain a protection order?

You must prove that you are a victim of domestic violence. You must be related to your abuser by blood, by marriage (or divorce), by having a child in common, by living together, or through a current or former dating relationship. You can get a protection order based on assault (including pushing, hitting, shoving, slapping, kicking, pulling hair, and choking, whether or not there are visible injuries), sexual assault, rape, stalking, harassment, parental kidnapping, or terroristic threatening. You may file for a protection order where you currently live, where the abuser lives, or where the violence took place. There is no specified time after an incident of domestic violence within which you must file for a protection order. Speak to a local battered women's advocate to find out specific requirements in your state.

You have the right to get a Protection Order even if you are undocumented. You do not have to answer questions about your immigration status for the court to give you a protection order or for the police to enforce your order.

You have the right to get a protection order, even if you met your husband through an international matchmaking business or a "mail order bride" agency.

What can I ask for in a protection order?

In Georgia, you can request:

that the abuser does not harass, threaten, molest, assault, or physically abuse you or your children.

that the abuser participates in and completes a certified domestic violence and/or substance abuse program.

that the abuser stays away from your person, home, your workplace, your car, your children, their school and other places that you frequent.

that the abuser does not contact you or your children personally, in writing, by telephone, or through third parties.

that the abuser vacates your home and that the local police be present while the abuser gathers his personal belongings and turns over to you all sets of keys in his possession. If you choose to stay in your home, then your abuser can be ordered to stay away from you and the home you shared with your abuser even if he owns the home or if the rent agreement with the landlord is in the abuser's name.

that the police accompany you to retrieve your belongings if you wish to leave your home and go to a shelter or stay with family or friends. The abuser can be ordered to stay away from the location where you choose to stay.

that the abuser turns over all weapons in his possession to the police.

that the abuser returns your personal property, any joint property, and property awarded to you by the court.

that you receive temporary custody of any children you have in common with your abuser even if he has legal immigration status and you do not. This custody lasts for as long as your protection order. You will need to file a separate case in the family courts in most state to receive a permanent child custody order.

that you receive child support and health coverage for yourself and your children while the protection order is in effect.

that the abuser turns over to you your children's passports.

that the abuser receives visitation rights to the children under circumstances that will not endanger you or the children including third party exchange so that there is no contact between you and your abuser and with a set schedule that the abuser cannot change.

that the abuser pays for medical expenses and property damage costs that result from the violence.

that the police help you enforce your protection order

that your abuser turn over documents and information that you may need to win your VAWA self-petition or other domestic violence related immigration case and get your green card without your abuser's help.

How will a protection order help me if I qualify for immigration relief under the Violence Against Women Act (VAWA)?

If you apply for VAWA or other domestic violence related immigration relief, a protection order will help prove that you were abused. To assist you with your VAWA or other immigration case, request in your protection order that:

The abuser not withdraw any immigration applications filed on your behalf.

The abuser not take any action to undermine your immigration case and not contact any government agency, consulate or embassy about you without seeking permission from the protection order judge.

The abuser turn over your work permit, ID card, bank card, birth certificate, marriage certificate, passport, and any other documents that would be important for your immigration case. He can be ordered to pay to have these documents replaced if he has destroyed, lost, thrown away or stolen them or if he tells the judge he does not have them.

The abuser give you copies of his documents for your immigration or child support case, such as copies of his passport, ID card, income tax returns, copies of bills, his birth certificate, his alien registration card (green card), and work permit and that he be ordered to turn over to the court and to you his social security number, passport number and/or "A" number.

The abuser pays your immigration case fees.

The abuser fill out a "Freedom of Information Act" (FOIA) request to release information contained in any immigration case he may have filed, particularly any family based visa petitions he filed for you or for your children.

If you have questions about your immigration status, consult an immigration attorney immediately. Do not contact the Citizenship and Immigration Services (CIS) yourself.

What if my abuser has threatened to kidnap our children?

Parental kidnapping is the basis for receiving a protection order in many states. If you fear that your children could be kidnapped and taken out of the U.S., request in your protection order that the abuser not remove your children from the county where you reside without a court order and that you, your abuser, and the judge sign a statement preventing the embassy of your abuser's home country from issuing visas for your children without a court order. If the abuser has your children's passports, request that he return those to you or to the court. Send a letter and a copy of your protection order to the U.S. Passport Office to inform them that you or the court have the children's passports and that no new passports should be issued for the children.

Do I have to leave my abuser in order to file for a protection order?

No. You can have a protection order against someone while living together. This order can simply require your abuser to stop his violent behavior and attend a Family Violence Intervention Program.

How do I obtain a protection order?

To apply for a protection order, go to your local courthouse and fill out a petition for a protection order. In this petition, describe the violence against you. Provide as many details as possible, including the time, date, and location where the violence took place. If you do not speak English, contact the local domestic violence shelter to have an advocate accompany you and help you find a translator. After you have filed the necessary paperwork, a hearing before a judge will be scheduled and a copy of the protection order petition will be delivered to your abuser. If you need immediate protection, you will be able to see the judge the same day and receive a temporary protection order.

During the hearing for the full protection order, you will have the opportunity to show the judge that there has been a history of abuse and threats against you and/or your children. Explain how this has affected you and your children. Testify about what you have written in your petition and bring witnesses to court with you who saw the abuse or your injuries. You may also use torn clothing, photographs of injuries, destroyed property, medical reports, and police reports to prove that you have been abused.

In the U.S. legal system, your spoken testimony is as valuable as a man's. The judge cannot be bribed by your abuser to rule against you. If you need an interpreter, ask the court to provide one for you. If no interpreters are available, ask your local domestic violence program to help you locate an interpreter. Do not use anyone as an interpreter who might be biased toward or afraid of your abuser. Do not go to court alone. Bring an advocate or lawyer who can assist you and friends or family for emotional support.

Do I need a lawyer to obtain a protection order?

No. In most states, you can obtain a protection order without hiring an attorney. However, if your abuser plans to fight for custody of your children or has filed for a protection order against you, contact an attorney immediately. If you are undocumented and your abuser obtains an attorney, you should not go to court by yourself. Ask your local domestic violence shelter or program to locate a lawyer or legal advocate to help you with your case. Many lawyers associated with domestic violence programs will represent you for free if you cannot afford to pay legal fees.

What if I decide to leave the county or state where I got my protection order?

Through the Full Faith and Credit laws in the Violence Against Women Act, police officers are required to recognize and enforce your out-of-state protection order. When you move, get a certified copy of your protection order from the courthouse and staple the full faith and credit provisions to the back. When you arrive at your new location, call the local domestic violence program to find out how to enforce your order if your abuser follows you.

Once I have a protection order, can I change parts of it or withdraw it?

Yes. At any time while you have a valid protection order, you may file a motion to modify, or change, this order. This can happen if you need to change your visitation schedule, if you decide to leave your batterer, or if you want to reunite with your batterer.

How effective are protection orders?

Studies have shown that in 63 to 85 percent of domestic violence cases, having a protection order reduces physical violence and helps victims regain a sense of well-being.