What Happens To The VAWA Abuser?
You might already know that VAWA — the Violence Against Women Act—is a powerful legal tool that helps protect immigrants and noncitizens who are victims of abuse. But have you ever wondered: what happens to the abuser in these cases?
It’s a topic that often gets overlooked, but understanding the legal and immigration consequences for abusers is key to seeing the full impact of VAWA protections.
In this post, we’ll explain how VAWA protects victims and what, if any, penalties the abuser may face—whether legal, immigration-related, or both. Whether you’re in a difficult situation, supporting a loved one, or simply curious about how the system works, this guide is here to inform you clearly and compassionately.
What is VAWA?
VAWA stands for the Violence Against Women Act, but despite its name, the law is not gender-specific—it protects all survivors of domestic violence, regardless of gender identity or immigration status.
VAWA is especially important in immigration law. It provides a pathway for certain individuals to apply for a green card without the abuser’s knowledge or involvement, helping them escape unsafe relationships. If you’re facing domestic violence or emotional abuse by a U.S. citizen or lawful permanent resident, VAWA may allow you to pursue immigration relief without relying on your abuser.
How does VAWA Protect the Victim?
VAWA offers protection to victims in several ways. First, it lets victims apply for legal status in the United States without needing the the abuser to participate at all . This is extremely important to understand because it means the victim can seek safety and independence in a completely confidential process. VAWA also helps victims get connected with services like counseling and legal help, so they’re not alone.
What Happens to the Abuser in VAWA Cases?
In cases under the Violence Against Women Act (VAWA), the focus is primarily on protecting the victim and providing them with a path to legal status and safety without the need for cooperation from the abuser.
VAWA may implicate the abuser, depending on the steps the abused decides to take in processing their case:
- Confidentiality for the Victim: When a victim files a VAWA self-petition, the process is confidential. This means that the abuser is not notified of the petition. This confidentiality is crucial for the safety and protection of the victim.
- Investigation and Legal Action: IF the applicant decides to report the abuse in the VAWA petition to law enforcement, the abuser may face criminal charges. These charges can lead to arrest, prosecution, and, if convicted, penalties that may include fines and imprisonment.
- Restraining Orders: Victims of abuse may also seek restraining orders or protective orders against their abusers during the process. These orders can prohibit the abuser from contacting or coming near the victim. Violating a restraining order can result in immediate legal consequences for the abuser, including arrest.
- Impact on Immigration Status: If the abuser is a permanent resident and the applicant reports the abuse to police, being convicted of domestic violence, sexual assault, or other serious crimes can affect their immigration status. They may face removal proceedings (deportation) and be barred from re-entering the United States.
- Applying Does Not Mean Deportation: Many people who would like to apply for VAWA are afraid they will be deported if their application is not successful. This is untrue. To encourage people to step forward and seek help, these applications are kept confidential not only from the abusers but from Immigration and Customs Enforcement (ICE). VAWA cases are not referred to ICE for removal.
It’s important to note that the specific outcomes for the abuser can vary significantly based on the details of the case, the evidence available, and the legal jurisdiction. VAWA provides a mechanism for victims to seek safety and legal status independently, but it does not directly punish the abuser. Punitive actions against the abuser would follow the usual legal processes for dealing with the alleged crimes.
How do you qualify for VAWA?
To qualify for VAWA, you need to be the victim of abuse by a family member who is a U.S. citizen or a lawful permanent resident. This can be a spouse, parent, or child. You’ll need to show that you’ve suffered abuse and that you have a relationship with the abuser. You also need to prove that you’ve lived with the abuser at some point and that you are a person of good moral character.
We’re Here To Help with your VAWA self-petition
At North County Immigration, we understand how overwhelming and emotional the VAWA self-petition process can be. That’s why our team—led by experienced attorney Anna Hysell—is dedicated to helping survivors of abuse navigate the legal system with compassion, care, and confidence.
We are committed to protecting your rights and helping you seek the safety and stability you deserve. From gathering the right documentation to guiding you through each legal step, we’re here to support you at every turn.
If you or someone you care about is considering filing a VAWA self-petition, don’t face it alone. Contact North County Immigration today to schedule a consultation and begin the journey toward a safer, more secure future.
You are not alone—and we are here to help.
By Anna M. Hysell
Ms. Hysell is the founding and managing attorney of North County Immigration. After graduating from law school at the University of Wisconsin and getting several years of experience, Ms. Hysell returned to her native Southern California to open an office in North San Diego County to serve clients from the Bay Area to the Mexican Border. She frequently speaks at law conferences, law schools, and workshops providing training to other lawyers. Ms. Hysell is committed to representing individuals with the resolve, compassion, ethics, and values she believes everyone deserves.