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If I file a domestic violence complaint do I go to court?

Depending on the situation, you will be asked to testify, but the choice is yours. If you don’t testify, the abuser may be found not guilty (in a criminal matter) or the Temporary Restraining Order dismissed. The court system understands the difficulties that come with talking about this subject, especially if you are the victim of domestic violence. However, your testimony can quite commonly be the strongest piece of evidence in a case, and can also make it more likely that the person is appropriately punished in response to their actions, as only you can describe the severity. In many situations, the only people who know what really happened are you are and your partner, and chances are your partner is going to attempt to paint the events in a far less negative light and therefore your account of the events can go a long way. Most of the time however, you will not be forced to testify as to these events.

Keep in mind that if the abuser is a close family relative and you are an immigrant you may qualify for a green card under the Violence Against Women’s Act. Otherwise, you may qualify for legal status under the U-Visa.

If you face an immigration challenge we have some valuable resources for you:

An Immigrant’s Guide to Municipal Court Here I discuss the municipal court process and how a municipal court matter can result in your being deported. I also discuss what happens if you get arrested by Immigration Customs Enforcement, what you need to know to get out of custody, and what to expect if you are placed in removal hearings.
Do You Need an Immigration Attorney? You Might Not I will explain when you need an immigration attorney. Not every needs one. I will also explain the benefits of hiring one in any immigration challenge.
7 Critical Questions to ask Before Hiring an Immigration Attorney If you have decided that you need an immigration attorney, how do you make sure you hire a good one? I explain to you the questions you need to ask before you hire your immigration attorney.