Counsel can argue that a violation of a protective order cannot be considered a CMT unless the criminal prosecutor filed a criminal charge under a criminal statute such as California Penal Code 273.6. A civil court finding that triggers removal under INA 237(a)(2)(E)(ii), 8 U.S.C, 1227(a)(2)(E)(ii) should not be considered a "crime" of moral turpitude. Cf. Matter of Eslamizar, 23 I. & N. Dec. 684, 687 (BIA Oct. 19, 2004) (Oregon "violation" judgment in which there was no right to appointed counsel, no right to jury trial, no jail possible, and no right against conviction absent proof beyond a reasonable doubt, did not constitute a "conviction" for immigration purposes).



Even if a "conviction" results, counsel can still argue that violation of a protective order is a regulatory offense, rather than a crime of moral turpitude, because there is nothing inherently wrong with violating a court order; it is just that the judge has forbidden it. Matter of Sanudo, 23 I. & N. Dec. 968 (BIA Aug. 1, 2006) (de minimus battery against a spouse is not a CMT), can also be used to argue that conviction for a technical or de minimis violation of a protective order cannot categorically be considered a CMT.