Being served with an Order of Protection is always serious, but if you’re an immigrant living in Illinois, the consequences can go far beyond the courtroom. Depending on your immigration status, a protective order could potentially impact your ability to remain in the U.S., apply for lawful status, or avoid removal proceedings.

At Hirsch Law Group, we are based in Illinois and have extensive experience helping clients who face both criminal and immigration consequences from protective orders. If you or a loved one is worried about how an Order of Protection may affect immigration status, here’s what you need to know—and how to protect yourself.

What Is an Order of Protection in Illinois?

An Order of Protection is a court order intended to protect someone from abuse, threats, or harassment, usually in domestic or family settings. In Illinois, these are governed by the Illinois Domestic Violence Act (750 ILCS 60/) and can:

  • Prohibit you from contacting the petitioner
  • Force you to leave your home
  • Affect child custody or visitation
  • Show up on background checks

If you are not a U.S. citizen, even a civil court order like this can raise red flags for immigration authorities, especially if there are related criminal charges involved.

Can a Protective Order Trigger Immigration Consequences?

The short answer: Yes, it can, depending on the details.

U.S. immigration law treats certain conduct, especially involving violence, abuse, or harassment, very seriously, even if it doesn’t result in a criminal conviction.

Here’s how a protective order can affect immigration:

  • Grounds for Deportation: If there is evidence of domestic violence or a violation of a protective order, it can trigger removal proceedings under the Immigration and Nationality Act (INA § 237).
  • Criminal Charges Connected to the Order: If you are charged or convicted of violating the order, you may be found inadmissible or deportable based on a crime of domestic violence or moral turpitude.
  • Public Charge Concerns: While a protective order doesn’t directly affect public charge determinations, it can be a negative factor in discretionary decisions, like green card or visa approvals.
  • Visa or Green Card Denials: USCIS may deny adjustment of status or extensions based on pending protective orders, even if no criminal conviction exists.
  • Impact on Naturalization: During your naturalization process, USCIS looks at your “good moral character.” A history of domestic issues—even without a conviction—can raise questions and delay or deny citizenship.

What If the Allegations Are False or Exaggerated?

Unfortunately, false or exaggerated claims can and do happen, especially in emotionally charged situations like breakups or custody disputes.

Even if the Order of Protection is based on false claims, immigration authorities may still take it seriously. This is why you should:

  • Never ignore the order or violate it.
  • Avoid contact with the petitioner, even if they reach out to you.
  • Work with an immigration and criminal defense attorney to defend your case and explain your side to immigration authorities.

What If I’m Undocumented or Out of Status?

If you’re undocumented, having a protective order or related criminal charge can make you more visible to immigration enforcement.

However, you may still have options:

  • U Visa Eligibility: If you’re a victim of a crime (not the accused), you may qualify for a U Visa.
  • Defensive Asylum or Cancellation of Removal: If you’re in removal proceedings, your attorney can explore relief based on hardship, fear of persecution, or family ties.
  • Avoiding Criminal Convictions: The priority is to avoid any plea or conviction that could trigger removability.

How Our Illinois Immigration & Criminal Defense Attorneys Can Help

At Hirsch Law Group, we understand how immigration and criminal issues intersect. Whether you’re dealing with a protective order, a domestic violence accusation, or criminal case, our team can help you:

  • Respond appropriately to the protective order in court
  • Avoid violations that could harm your immigration status
  • Communicate with immigration attorneys to coordinate your defense
  • Fight any unjust or exaggerated allegations
  • Protect your right to stay in the U.S.

Don’t Risk Your Future — Contact Us Today

If you’re facing an Order of Protection in Illinois and you’re concerned about your immigration status, don’t wait. Every step you take now could impact your ability to stay in the country, protect your family, and build a stable future.

At Hirsch Law Group, we serve clients across Chicago, Cook County, and throughout Illinois. We fight for immigrants and their rights. Contact us today and let us help you take the right steps forward.