Domestic violence charges are among the most serious criminal allegations a person can face in Florida. A conviction can lead to jail time, restraining orders, and loss of civil rights. But for non-U.S. citizens, the consequences can be even more severe. A domestic violence conviction may trigger immigration penalties such as deportation, inadmissibility, or denial of future immigration benefits.
Understanding both the criminal defense strategies and the immigration law implications is critical if you are a non-citizen accused of domestic violence in Florida.
Why Domestic Violence Charges Are So Serious
Florida defines “domestic violence” broadly under Fla. Stat. § 741.28 to include assault, battery, stalking, kidnapping, or other criminal acts that cause physical injury or death of one family or household member by another.
Even a misdemeanor domestic battery charge can result in:
- Mandatory jail time (even for a first offense in some cases).
- A “no-contact” order restricting access to family members or one’s home.
- Loss of gun ownership rights under federal law.
- A permanent criminal record that cannot be sealed or expunged.
For immigrants, these penalties are just the beginning.
Mandatory Arrest in Florida Domestic Violence Cases
One of the most misunderstood aspects of Florida law is that domestic violence arrests are often mandatory.
- Under Stat. § 741.29(3), when police respond to a domestic call and have probable cause to believe a crime occurred, they must make an arrest.
- Police cannot simply “walk away,” even if the alleged victim does not want charges filed.
- Many departments, including in Broward and Miami-Dade, have strict internal “mandatory arrest” policies.
This means:
- Even a heated argument or minor altercation can lead to an arrest.
- Prosecutors may still pursue charges without the victim’s cooperation, relying on police reports, 911 calls, or physical evidence.
For non-citizens, the arrest itself creates a paper trail that immigration authorities may see — even if the charges are later dropped.
Immigration Consequences of Domestic Violence Convictions
Under U.S. immigration law, domestic violence is considered a “crime of moral turpitude” or an “aggravated felony” depending on the facts. Both categories carry devastating immigration consequences.
Deportability
- A conviction for a “crime of domestic violence” under INA § 237(a)(2)(E) makes a non-citizen deportable.
- This applies even to lawful permanent residents (green card holders).
Inadmissibility
- A domestic violence conviction can also make you inadmissible — blocking re-entry into the U.S. after travel abroad or preventing applications for green cards, visas, or naturalization.
Bars to Immigration Benefits
- Convictions may bar cancellation of removal, asylum, or certain waivers.
- They can prevent a non-citizen from becoming a U.S. citizen.
The Role of Diversion Programs
Florida prosecutors sometimes offer pretrial diversion programs in domestic violence cases, especially for first-time offenders. These programs may require:
- Completion of a Batterers’ Intervention Program (BIP) or anger management classes.
- Community service hours.
- Compliance with no-contact orders.
Do Diversion Programs Prevent a Conviction?
- Yes — if no plea is required. In many circuits (such as Miami-Dade), diversion does not require a guilty plea. If the defendant completes the program, the charges are dismissed, leaving no conviction under Florida law.
- But — if a plea is required, immigration law may still count it. Under the Immigration and Nationality Act, a “conviction” includes cases where there was a plea and some form of punishment or restraint. Even if charges are later dismissed by the state, immigration courts may still treat it as a conviction.
Why This Matters for Non-Citizens
For immigrants, the difference between a diversion program with a plea versus one without a plea can be the difference between staying in the U.S. and being deported. Defense attorneys must carefully evaluate the specific terms of diversion to ensure it truly protects immigration status.
How Domestic Violence Defense Differs for Non-Citizens
For U.S. citizens, the focus of a domestic violence defense is typically on avoiding jail, reducing charges, or protecting civil rights. For immigrants, the stakes are higher: the goal is also to avoid a conviction that triggers immigration consequences.
Defense strategies may include:
- Challenging the facts. Domestic violence cases often rely on the testimony of one person. Inconsistencies, lack of physical evidence, or ulterior motives (such as divorce or custody disputes) can be exposed.
- Negotiating reduced charges. Pleading to a lesser offense that does not trigger immigration penalties — such as disorderly conduct — may preserve immigration status.
- Diversion where safe. Programs that end in dismissal without a plea are often the best path for non-citizens.
- Avoiding admissions. For immigration purposes, even a “withhold of adjudication” may still count as a conviction. Defense counsel must be cautious in plea negotiations.
What This Means in Practice
Imagine a lawful permanent resident in Broward County charged with misdemeanor domestic battery after a neighbor calls 911. Even if the alleged victim does not want prosecution, the police must make an arrest under Florida’s mandatory arrest law.
If convicted, this person may face deportation proceedings under INA § 237. Even if the court imposes only probation, immigration authorities may move forward with removal.
A skilled defense attorney would:
- Scrutinize the credibility of the victim’s testimony and the police report.
- Push prosecutors not to file charges or to allow entry into a diversion program.
- Carefully evaluate whether diversion terms require a plea that could be harmful under immigration law.
- Seek plea options that do not trigger deportability or inadmissibility.
Why You Need an Attorney Who Understands Both Systems
The intersection of criminal defense and immigration law is one of the most complex areas of legal practice. A criminal defense attorney who does not understand immigration law may recommend a plea deal that results in deportation. Conversely, an immigration lawyer may not know how to fight the underlying criminal charge.
At George Law, we craft defense strategies that protect clients in both systems:
- Fighting aggressively in criminal court.
- Working to preserve immigration status and prevent removal.
- Seeking immigration-safe resolutions where possible.
FAQs: Domestic Violence & Immigration
Can I be arrested even if my spouse doesn’t want charges filed?
Yes. Florida law requires police to make an arrest if they believe probable cause exists in a domestic violence case. This is true even if the alleged victim asks not to press charges.
Does an arrest alone affect my immigration status?
An arrest is not the same as a conviction, so it does not automatically make you deportable. However, it will still appear on your record and may be considered in immigration applications, asylum credibility assessments, or bond hearings.
Do diversion programs prevent a conviction?
It depends on how the program is structured:
- If no plea is required, successful completion usually ends in dismissal — which avoids a conviction for both criminal and immigration purposes.
- If a plea is required to enter the program, immigration law may still treat it as a conviction, even if charges are later dismissed by the state.
Is a misdemeanor domestic violence conviction deportable?
Yes. Even a misdemeanor domestic battery conviction can trigger deportability under INA § 237(a)(2)(E).
What if I plead “no contest” to domestic violence?
For immigration purposes, a plea of guilty or no contest — if followed by court-ordered punishment such as probation or classes — is generally treated as a conviction.
Can I travel outside the U.S. after a domestic violence conviction?
Maybe not. A conviction can make you inadmissible, which means you could be denied re-entry into the United States even if you are a green card holder.
Are there immigration-safe plea options in domestic violence cases?
Sometimes. A skilled defense attorney may be able to negotiate a reduction to an offense that does not trigger deportability, such as disorderly conduct. However, every case is different and must be carefully evaluated with both criminal and immigration law in mind.
Will a dropped domestic violence charge still hurt my immigration case?
Even if charges are dropped, the arrest record remains. Immigration officials may still review the circumstances during applications for green cards, visas, or naturalization. Having a dismissal is much better than a conviction, but the record itself is not erased.
