Can I Go to Canada with a Past Arrest for Domestic Violence?

The Canadian border has full access to the FBI criminal database. Consequently, when a traveler arrives and hands over their ID, border agents can instantly detect if the person has any arrests or charges in their past. Domestic violence and domestic assault are considered "hybrid" crimes in Canada, which means they could be prosecuted as a summary offense (misdemeanor) or an indictable offense (felony). According to Canada's border rules, however, all hybrid offenses are treated as indictable. Consequently, if a visitor has a past misdemeanor related to domestic violence, border authorities will often view it similar to a felony and deny entry.

Not only does a past conviction for domestic violence put an American citizen at risk of being denied admittance by Canada, but a DV arrest alone is enough to cause a person to be turned away. This is because there is no presumption of innocence at the Canadian border. If border officers discover a visitor has been arrested or charged with DV (or similar), they might deny entrance on grounds of criminality unless the person has sufficient evidence the incident should be treated as a non-conviction such as proof the case was ultimately dropped or dismissed. Even if the arrest stems from a verbal altercation as opposed to a physical fight, admittance into the country is at the total discretion of border authorities.

If you want to go to Canada but were once involved in a domestic incident in the United States, it is possible to request special permission to cross the border by filing paperwork with the Canadian Government explaining why you are safe. A Temporary Resident Permit is an entry waiver that can be requested for a specific reason, such as business travel, but is only a short-term solution with a max duration of three years. Criminal Rehabilitation is a permanent pardon, but is only available if all court requirements were finished more than five years ago. If a person was arrested but never convicted, a Canadian immigration lawyer can often prepare a Legal Opinion Letter arguing the offense should equate to a non-conviction and not block the individual from entering.

Have a past DV arrest and want the ability to enter Canada? Phone our team today for a FREE consultation!

Domestic Assault vs. Domestic Battery

When evaluating admissibility, the Canada Border Services Agency (CBSA) assesses how they believe a criminal charge or conviction from the United States would equate to their laws. This means they might consider a misdemeanor to be a serious crime, but in rare cases they might also consider a felony to be non-serious depending on the equivalent statute north of the border. Whether the charge was domestic assault, domestic battery, domestic abuse, family violence assault, intimate partner violence, corporal injury to spouse, or assault causing bodily injury to a family or household member, CBSA officers will treat it based on how they believe it would equate to their country's laws. For example: if there is any mention of injury, a weapon, or strangulation, border agents will often consider the offense to be serious criminality even if it was only a misdemeanor.

What If My Partner Did Not Want to Press Charges?

If a neighbor hears a couple yelling at each other loudly, they might phone the police to report the aggressive behavior in an effort to keep everyone safe. If the police show up and see any signs of possible violence, such as a scratch or bruise, it is highly likely someone will be arrested. Even if the spouse does not want to press charges, depending on circumstances it is possible a prosecutor will still move forward with a domestic violence case. Regardless of your current relationship with the other party, if a border officer thinks you are inadmissible they have grounds to refuse entry. This being said, a letter of support for your wife / girlfriend (or husband / boyfriend) can help support a Temporary Resident Permit application or Canadian Rehabilitation application.

Can I Enter Canada with Restraining Order?

If a US citizen has a civil protection order or restraining order placed against them, they might still be admissible to Canada if they do not have any criminal record. This is because the person was not accused or found guilty of any crime, it is simply a court order imposing restrictions such as staying away or not contacting an individual. This being said, if the person is charged with violating the order it can render them criminally inadmissible under Canadian law and put them at substantial risk of a border denial. Even if it was only a misdemeanor, a Canadian border agent will generally consider any sort of protection order violation to be an excludable transgression.

Can I Get into Canada with No Contact Order?

If an American has a criminal no contact order placed against them, such as a Domestic Violence Protection Order (DVPO), they are likely inadmissible to Canada as such an order is usually imposed as part of an existing criminal case. For example: if you have a no contact order stemming from a domestic violence case, the DV charge or conviction will generally put you at significant risk of being turned away at a Canadian airport or land border. Since a DVPO is a court order issued to provide protection to a victim of domestic violence, CBSA officers will often view it much differently than a civil restraining order that did not involve any criminal allegations.

Have a past DV arrest or no contact protection order and want the ability to visit Canada? Contact our Canadian law office today for a confidential consultation!