[Source: http://www.legalmomentum.org/courts/violence.shtml#vaw2]
Ruiz v. Carrasco, Nos. 98-FM-39, 98-FM-40 (D.C. 1998)
Legal Momentum assisted in drafting, editing and coordinating an amicus brief submitted to
the D.C. Court of Appeals defending the trial court's discretion to include in the civil protection
order (CPO) granted to Wendy Carrasco, a battered immigrant, an order prohibiting her
abusive spouse, Antonio Ruiz, from contacting federal agencies with regard to Carrasco's
immigration status. Carrasco was repeatedly beaten and abused during her marriage to Ruiz,
a U.S. citizen. Ruiz's abuse included threats to undermine or interfere with her ability to attain
legal immigration status. Carrasco sought and received a CPO after a contested hearing. The
judge ordered that Ruiz be: (1) prohibited from contacting federal agencies with regard to
Carrasco's immigration status except for emergencies, (2) allowed to testify before INS only if
subpoenaed, and (3) required to receive prior court approval before any contact with a
government office regarding Carrasco. On appeal, Ruiz contested the court's decision on two
grounds. First, he claimed that Carrasco's CPO was granted based upon exaggerated accounts
of domestic violence. Second, he claimed that orders granted under the catch-all provision of
the D.C. statute regulating his contact with federal organizations was issued in violation of his
constitutional right to free speech. Legal Momentum's amicus brief was completed and filed in
the D.C. Court of Appeals and the case was set for oral argument. The day before the oral
argument was to take place, Mr. Ruiz withdrew his appeal and the case was dismissed. The
amicus brief developed in this case will be very useful to others attempting to receive orders
from trial courts instructing abusers not to interfere with a battered immigrant's immigration
case. Legal Momentum plans to make this brief available to other victims seeking similar relief
in protection order cases.