If you are looking to resolve a restraining order outside of court in Albuquerque, New Mexico, there are a few options to hit your goal.
This guide to resolving a restraining order outside of court helps you to better understand the process.
You see, not every restraining order must end with a courtroom battle. At times, the protective order can be resolved without the time and stress of litigation.
Let’s explore three common ways to resolve a restraining order outside of court.
DISMISSAL
The first route towards resolution happens when the person requesting the restraining order agrees to dismiss the case.
This path tends to happen with weak cases that lack evidence of abuse. Instead, with this group of cases, the claims listed in the request usually involve custody issues – not actual abuse.
In other words, the requested restraining order involves visitation issues and the DM/Custody Court determining custody and visitation based on the child’s best interests.
For whatever reason, the custody case and issues were jammed into the DV/Restraining Order Court.
You see, the DM/Custody Court determines custody and visitation issues based on a child’s best interests. Unfortunately, the DM Court takes considerably longer than the DV/Emergency Court.
For example, a hearing often takes several months to be set in the DM Court. Conversely, under NM law a hearing must be set within 10 days with the DV/Emergency Court.
As such, some parents make unfounded claims of abuse to push the case into DV Court. Nevertheless, the underlying issues involve custody and visitation issues that should be addressed through the Custody Case.
This group of cases commonly ends with the person that requested the restraining order agreeing to dismiss the case.
When this happens, the custody case then flows through the appropriate DM Court.
Check out this video that explains how restraining order impact child custody and visitation cases.
NO CONTACT ORDER
Are you facing a restraining order? If so, do you also have a divorce or custody case pending? In this situation, both sides can agree to enter a no contact order in the divorce or custody case.
This no contact order usually prevents any contact or communication. Moreover, the order usually lasts for six months to one year.
When children are involved, the no contact order usually permits communication between parents regarding child-related issues.
What’s more, this communication usually occurs through a free communication app such as AppClose. Alternatively, child-related communication can occur through a paid program such as Our Family Wizard.
As mentioned, the no contact order is entered in the corresponding custody or divorce case. Simultaneously, the restraining order is usually dismissed with an Order of Dismissal.
This Order of Dismissal resolves the restraining order outside of court.
AGREE TO RESTRAINING ORDER OF PROTECTION
Some restraining orders involve significant, concerning, and clear acts of abuse. With these cases, a criminal case may also be pending.
For several reasons, the alleged abuser may want to avoid testifying about the alleged acts of abuse.
Finally, the alleged abuser may want to resolve the matter as quickly as possible. In doing so, both sides can agree to an order of protection being entered.
For instance, the alleged victim may agree that a restraining order is entered without a finding of abuse. In other words, even though a restraining order is entered, there isn’t a formal finding of abuse.
Are you facing a restraining order with significant allegations of abuse? If so, do you want to move on with your life without facing your accuser and evidence in court?
In this situation, it is essential to speak with an experienced Albuquerque restraining order attorney. Experienced counsel can help you understand the potential costs and benefits of appearing in court.
In some cases, the cost of fighting a restraining order outweighs the potential benefits. Depending on your unique case and facts, you may benefit from agreeing to a protective order being entered.
By doing so, you can avoid making statements that can then be used against you in criminal or family court. Moreover, you can avoid the time and stress of litigation.
Most importantly, you can also avoid having to face an ex or family member that is raising significant and concerning allegations of abuse.
For many reasons, it may be in your best interests to agree to a restraining order being entered without a hearing.
BENEFITS OF RESOVLING RSTRAINING ORDER OUTSIDE OF COURT
Resolving a restraining order outside of court in Albuquerque, New Mexico can have numerous benefits.
First and foremost, it can save time and money compared to facing a protracted sequence of hearings. It also allows for more control over the outcome, as both parties can work together to come up with a solution that works for everyone involved.
Additionally, resolving the issue outside of court can help to maintain privacy and avoid the stress and emotional toll of a court battle. Regarding privacy, handling the matter outside of court ensures that you are not making statements, on the record, that can come back to haunt you.
Overall, seeking alternative methods of resolving a restraining order can lead to a more peaceful and satisfactory resolution for all parties involved.
Are you interested in resolving your restraining order outside of court in Albuquerque, New Mexico? If so, you need to speak with a domestic violence lawyer that is aggressive when needed yet resolves cases when appropriate.
Call (505) SANCHEZ today.
For now, check out this video for more information about how to file a restraining order in Albuquerque, New Mexico.
AFFORDABLE RESTRAINING ORDER ATTORNEY NEAR ME
Are you looking for an affordable restraining order attorney in Albuquerque, New Mexico?
Look no further!
Our team of experienced domestic violence attorneys provide affordable and effective legal representation for those seeking restraining orders across New Mexico.
You deserve a team of legal professionals that fight when necessary – but also understand that some cases are better handled through out of court resolution.
Call (505) us today to schedule a consultation and learn more about how we can help you resolve your divorce, child custody, domestic violence, or restraining order of protection case in Albuquerque, NM.
3 Ways to Resolve a Restraining Order Outside of Court
