Can a VAWA Attorney Protect You From Your Abusive Partner?

When citizens of the United States face abuse, it is often a bit easier to deal with, from a legal standpoint, because they can report it to the necessary authorities. However, it’s pretty different and often more tricky when it comes to immigrants, especially if such immigrants are only in the United States because of their relationship with the abuser. This is where the VAWA immigration act and a trusted VAWA attorney come into play- to offer people another route to stay in the United States before the law prosecutes the abuser.

One question we often receive is whether a VAWA attorney will also protect an abused person from the abuser. This article exists to provide a comprehensive answer to that question. But before we answer the question, let’s explain who a VAWA immigration attorney is. 

Who is a VAWA Attorney?

Simply put – a VAWA attorney is an attorney who specializes in helping victims petition for VAWA immigration. Of course, the VAWA immigration law is a pathway to a green card for people who have a direct relationship with a United States citizen or a permanent lawful resident. If someone falls under one of these categories, they can apply for immigration via the VAWA route. The word VAWA is an acronym that stands for Violence Against Women Act. But that’s not to say that it only covers women. It also covers men and children and works for different kinds of abuse, including: 

• Physical abuse
• Emotional abuse 
• Verbal abuse 
• Financial abuse 
• Sexual abuse.
  

How Does VAWA Protect The Abused? 

Typically, the first step to filing for VAWA is to contact a VAWA attorney or a law firm that focuses on immigration-related cases. These people are experts who can provide legal advice, guidance, and emotional support to the abuse. 

It’s essential to understand the level of confidentiality that comes with filing for VAWA immigration. The VAWA act makes it unlawful for the USCIS or a VAWA attorney to contact your abuser or inform them that you have filed for VAWA immigration. 

An abuser may begin to threaten deportation when they learn that you’re seeing a VAWA attorney or applying for VAWA immigration. But it’s important to note that they do not have the power to compel your deportation. Notwithstanding, despite how encompassing the VAWA act is, there’s still a slim chance of getting denied on the grounds that you do not have enough evidence to prove that you’re being abused. However, a VAWA attorney can help walk you through the process of gathering evidence and ensuring that such evidence is tenable before the court. An attorney will also make sure you submit all the required documents. 

But in all of these, don’t be scared that they’ll expose you to your abuser because the law does not permit them to do so. 

How Does VAWA Affect The Abuser?

The simple, straightforward answer to this question is that your VAWA application will not affect the abuser. The law is under the humanitarian category and was created to help abuse victims pursue immigration. But that’s not to say it’ll do anything to the abuser. Instead, the law works to protect the abused from the abuser, and one of the ways the law protects is to shield the information of your application from reaching your abuser. In essence, none of the parties involved will reveal any part of your application to your abuser. 

But what happens if, despite these measures, an abuser still finds out that you’re filing for VAWA immigration? Don’t worry; the increased awareness of domestic violence and the support services available to survivors can make it extremely difficult for abusers to harm or control their victims in any way. 

As we’ve already mentioned in this article, it is essential to realize that VAWA doesn’t focus on punishing abusers. Instead, it focuses more on providing the protection that victims need and helping them rebuild their lives. 

Here, let’s review some of the protections that the Violence Against Women Act offers to victims during the process. 

Protection From Retaliation

The law may not be targeted at the abuser, but it still does what should be done to protect you during the process. However, it is up to the VAWA attorney to pursue these rights to the latter. If pursued properly, the law will stop the abuser from: 

• Threatening to harm you 
• Assaulting you
• Harassing or intimidation
• Stalking
• Destroying your property or the property of anyone that relates to you
• The protection is in addition to any other remedies that the criminal law recommends.
  

Confidential Investigation

Again, the VAWA investigation process is highly confidential. So, your lawyer will go the extra mile to ensure that the investigators do not alert your abuser during the VAWA application process. This way, they are able to reduce the risk of retaliation.

Please note that although VAWA does not target the abuser, a VAWA attorney can suggest the right path to sue your abuser under criminal law. So, don’t hesitate to discuss your options with them when you want to sue. 

The Coleman Law Group Can Help You

It’s one thing to find a reputable VAWA attorney, but another thing for the attorney to be willing to help protect you from your abuser. The experienced lawyers at the Coleman Law Group will not only handle your VAWA application, but we will also provide the necessary cover from your abuser. We know what an abuser is capable of, and we will fight to protect you from it. Please reach out to us today to learn more about how we can help you.