Domestic Violence Charges and Immigration Consequences in Jersey City & Hudson County
Reviewed by William A. Proetta, Esq. · Updated
For a noncitizen in Hudson County, a domestic violence accusation can threaten more than a criminal record. Federal immigration law makes a person deportable for a conviction that qualifies as a crime of domestic violence, and separately for a court finding that they violated the protective part of a restraining order, even with no criminal conviction at all. A green card holder, a visa holder or someone applying for citizenship needs the criminal case, the restraining order case and the immigration consequences handled as one strategy from the start. Criminal cases from Jersey City are heard in municipal court or the Hudson County Superior Court at the Frank J. Guarini Justice Complex near Journal Square, and restraining orders at the Hudson County Family Division at the Frank J. Guarini Justice Complex, 24 Central Avenue in Jersey City. William Proetta Criminal Law defends noncitizens accused of domestic violence in Jersey City, Hoboken, Union City and across Hudson County from our Jersey City office, with over 15 years of criminal trial experience. Call (201) 793-8018, 24/7. Se habla español.
Immigration Risks in a Domestic Violence Case
| Charge | Statute | Usual grade | Where it is heard |
|---|---|---|---|
| Conviction for a crime of domestic violence | 8 U.S.C. 1227(a)(2)(E)(i) | Deportable | Immigration Court |
| Court finding that you violated a protection order | 8 U.S.C. 1227(a)(2)(E)(ii) | Deportable, no conviction needed | Immigration Court |
| Crime of violence with a sentence of one year or more | 8 U.S.C. 1101(a)(43)(F) | Aggravated felony | Immigration Court |
| Stalking or child abuse conviction | 8 U.S.C. 1227(a)(2)(E)(i) | Deportable | Immigration Court |
| Final restraining order entered against you | 2C:25-29 | Civil order; affects discretionary relief | Family Part |
The Crime of Domestic Violence Ground
Under 8 U.S.C. 1227(a)(2)(E)(i), a noncitizen is deportable if convicted, after admission, of a crime of domestic violence. Federal law defines that as a crime of violence under 18 U.S.C. 16 committed against a current or former spouse, a co-parent, a person who lived with the defendant as a spouse, a person similarly situated to a spouse, or another person protected by the state’s domestic violence laws. Two questions decide most cases. The first is whether the New Jersey offense is a crime of violence at all: after Sessions v. Dimaya, 584 U.S. 148 (2018), struck down the residual clause of 18 U.S.C. 16, only offenses with the use, attempted use or threatened use of physical force as an element qualify, and Borden v. United States, 593 U.S. 420 (2021), held that offenses committed recklessly do not meet a similar force clause. In the Third Circuit, which covers New Jersey, Popal v. Gonzales, 416 F.3d 249 (3d Cir. 2005), had already held that a crime of violence under 18 U.S.C. 16(a) requires an intent to use force. The second is the domestic relationship, which immigration courts can determine from the facts of the case, not just the statute (Matter of H. Estrada, 26 I&N Dec. 749 (BIA 2016)).
Why the Exact Charge Matters
New Jersey’s common domestic violence charges fit the federal grounds differently. Harassment under 2C:33-4 does not require force and is generally not a crime of violence, which can make it a safer plea for a noncitizen when the facts allow. Simple assault under 2C:12-1(a) can be committed purposely, knowingly or recklessly, so the subsection and the plea colloquy matter a great deal; a plea that admits only reckless conduct may fall outside the crime of violence definition. Aggravated assault, strangulation and terroristic threats carry higher risk, and any crime of violence with a sentence of one year or more, even if suspended, can be an aggravated felony, which bars most relief. Small changes in the wording of a plea can decide whether a client can stay in the country.
Restraining Orders and the Protection Order Ground
A final restraining order is a civil order, and entering one is not itself a deportation ground. Violating one can be. Under 8 U.S.C. 1227(a)(2)(E)(ii), a noncitizen is deportable if a court determines that they engaged in conduct violating the portion of a protection order that protects against credible threats of violence, repeated harassment or bodily injury. The statute covers temporary and final orders from civil or criminal courts and does not require a conviction (Matter of Strydom, 25 I&N Dec. 507 (BIA 2011)). In Matter of Obshatko, 27 I&N Dec. 173 (BIA 2017), the Board held that immigration judges look at what the state court actually found about the violation, rather than applying the categorical approach. A Family Part finding that you violated a TRO or FRO can therefore be used against you in immigration court. For a noncitizen under any restraining order, strict compliance is essential, and any contempt case needs to be defended with this ground in mind.
Diversion and the Federal Definition of Conviction
New Jersey diversion programs do not always protect immigration status. Federal law treats a case as a conviction when a person pleads guilty or admits facts and a judge orders some form of punishment or restraint, even if the case is later dismissed. Conditional dismissal is not available for domestic violence offenses, and for certain domestic violence charges PTI requires a guilty plea that is held in an inactive status. Before accepting any program that requires a plea, a noncitizen should have the immigration effect reviewed. PTI without a plea, or an outright dismissal, gives the strongest protection.
Green Cards, Visas and Citizenship
The consequences reach beyond deportation. A domestic violence arrest or restraining order can complicate a naturalization application, which looks at good moral character, and can be raised when an applicant seeks discretionary relief such as cancellation of removal or an adjustment of status. Visa holders can face revocation or problems at renewal and reentry. Travel abroad while a case is pending, or after a plea, can lead to closer questioning on return, and some convictions, such as crimes involving moral turpitude, can make a returning green card holder inadmissible. We recommend that noncitizen clients avoid international travel until their criminal lawyer and immigration counsel agree it is safe.
Getting Immigration Advice Before a Plea
Most criminal defense lawyers do not practice immigration law, so the standard practice in New Jersey is for the defense lawyer, and often the judge, to recommend that a noncitizen speak with an immigration attorney before accepting any plea. The New Jersey plea form asks every defendant whether they are a United States citizen, warns that a guilty plea may lead to deportation, and asks whether they have had the chance to get advice from an immigration attorney. That warning traces back to Padilla v. Kentucky, 559 U.S. 356 (2010), and New Jersey courts have allowed pleas entered on misleading immigration advice to be challenged through post-conviction relief (State v. Nuñez-Valdéz, 200 N.J. 129 (2009)). For noncitizen clients, we coordinate with immigration counsel before any plea is discussed, so the plea can be structured with the immigration consequences known in advance. See our immigration consequences practice area and our page on green card holders and criminal charges.
Domestic Violence and Immigration in Hudson County
Hudson County has one of the largest immigrant populations in New Jersey, and in Jersey City, Union City and West New York many domestic violence cases involve at least one noncitizen spouse or partner. A typical case starts with a police call in a Union City or Jersey City apartment, a TRO and a simple assault complaint in municipal court, with the immigration risk not discussed by anyone until a plea is offered. In Hoboken and Bayonne, the same issues arise for visa holders working in the area. The time to address immigration is at the first appearance, not at sentencing. See our court guides for Jersey City, Hoboken, Kearny, Union City and Bayonne.
Arrest and Pretrial Release
A noncitizen arrested for domestic violence goes through the same release process as anyone else, with a decision within 48 hours on a complaint-warrant and, usually, a no-contact condition. Securing prompt release, and not entering a quick plea just to get out of custody, protects both the criminal case and the immigration case. See our pretrial release and detention guide and our page on Central Judicial Processing in Hudson County.
Domestic Violence and Immigration FAQs
Can a domestic violence charge get me deported?
A conviction that qualifies as a crime of domestic violence is a deportation ground under 8 U.S.C. 1227(a)(2)(E)(i). Whether a specific New Jersey conviction qualifies depends on the statute, the subsection and the plea.
Can a restraining order affect my green card?
Entering a final restraining order is not itself a deportation ground, but a court finding that you violated its protective terms can be, even without a criminal conviction, under 8 U.S.C. 1227(a)(2)(E)(ii) and Matter of Strydom, 25 I&N Dec. 507 (BIA 2011).
Is a harassment conviction a deportable domestic violence offense?
Harassment under 2C:33-4 generally does not involve the use of force, so it is usually not a crime of violence. It can still have other consequences, and the plea should be reviewed by immigration counsel.
Does PTI protect my immigration status?
Not always. If PTI requires a guilty plea, federal law may treat it as a conviction. PTI without a plea, or a dismissal, is safer.
I live in Union City and was charged with simple assault on my spouse. What should I do first?
Speak with a criminal defense lawyer before any court date, and do not accept a plea at the first appearance. The wording of a simple assault plea can decide whether it is treated as a crime of domestic violence.
Should I travel outside the U.S. while my domestic violence case is pending?
We generally advise against it until your criminal lawyer and immigration counsel confirm it is safe, because reentry can trigger a review of your record.
Talk to a Jersey City Lawyer About Domestic Violence and Immigration
For a noncitizen, the right plea, or the right defense at a restraining order hearing, can be the difference between staying and being removed. Call our Jersey City office at (201) 793-8018 for a free, confidential review, 24/7. Se habla español.