An Order Of Protection Attorney That Handles Restraining Orders Involving Children In Albuquerque, New Mexico

 

I have a confession to make, I have a love/hate relationship with Orders of Protection. I really do. At times my heart is filled with love and thanksgivings when thinking about how an order of protection offers an extra layer of security to individuals that have suffered domestic abuse and face an immediate threat of serious harm. At darker times my stomach is filled with fear and loathing, thinking about the problems involved with issuing an order of protection that stalks the shadows like a procedural ghost.

Like most things in life, there’s a light side and a dark side to orders of protection. On the sunny side of the spectrum, an order of protection is an invaluable tool that plays an important role in shielding an innocent party from the threat of immediate and serious harm.

WHAT ARE THE PENALTIES FOR VIOLATING A RESTRAINING ORDER IN ALBUQUERQUE?

Violating an order of protection carries harsh penalties. The first violation of an Order of Protection from Domestic Abuse is punishable by up to 365 days of incarceration. A second violation instantly requires one to serve 72 consecutive hours of jail time. Any additional violations are charged as a third degree felony, carrying up to three years in prison and/or a $5,000 fine.

Every yin comes with a yang. On the dark side of the force, I have witnessed orders of protection being manipulated through a calculated and strategic means to gain the upper-hand in divorces, child custody disputes, property disputes, or for outright revenge, rather than as a legitimate means of protection.

ABUSING THE ORDER OF PROTECTION PROCESS IN CUSTODY CASES IN NEW MEXICO

The unfortunately reality is that the process of obtaining an order of protection has many shortcomings that tempt unscrupulous individuals to abuse the process for one’s benefit. Because New Mexico courts tend to lean on the side of caution, the majority of Petitions will be found to contain the necessary probable cause for a Temporary Order of Protection to be granted. A Temporary Order of Protection is a Temporary Court Order that prevents the accused from contacting the alleged victim without a hearing. By law, a hearing must be set within 10 days after the Temporary Order is granted, to determine if an act of domestic abuse occurred, thereby extending the Temporary Order for six months to one year.

WHEN DOES THE COURT EXTEND THE TEMPORARY RESTRAINING ORDER IN ALBUQUERQUE, NM?

Unfortunately, due to the overwhelming number of cases that confront Albuquerque, NM courts, it is common for the requisite hearing to be extended past the ten day time limit, with the court citing “good cause” for the extension. In this respect,”good cause” can mean that the court simply cannot keep-up with all of the cases on its docket and is unable to hear the matter within the requisite ten days. Because of this fact, it is common for a Temporary Order of Protection to remain in effect for well over ten days, before a hearing can be set to determine if an act of abuse actually occurred.

Sadly, a common example of abusing this process involves children that are caught in the midst of a contentious child custody dispute, divorce, or as a means of retaliation by a disgruntled parent. Many times feuding parents take matters into their own hands and file baseless Petitions in order to receive a Temporary Order of Protection that grants the requesting parent sole custody over the child[ren] that are allegedly intertwined within the abuse, until a hearing can be set to determine if an act of abuse occurred. In the meantime, the sometimes wrongly accused parent is strictly forbidden from having any contact with the child, and until further order of the court must stay 100 yards away from the child and the child’s school.

This means that many wrongfully accused parents are unable to communicate with their children – in any manner whatsoever – until the Temporary Order is dismissed. Every minute separated from one’s child can seem like an eternity, especially when the required hearing is extended past the 10 day limit.

SPECIAL COMMISSIONERS AND ORDER OF PROTECTION HEARINGS IN ALBUQUERQUE

The Special Commissioners presiding over the hearings are very skilled at determining when an act of abuse occurred, and look for several key elements to determine if the claims have any merit. Nevertheless, the supply of Special Commissioners, not to mention the hours in a day to hear all of the claims of abuse, simply cannot meet the demand of Petitions that are routinely filed on a daily basis.

As mentioned above, the screening process of issuing a Temporary Order of Protection requires for the alleged victim to list facts in the Petition providing the judge with probable cause that an act of abuse has occurred. Generally speaking, the court leans on the side of caution and the presiding judge rubber stamps the Order, issuing a Temporary Order of Protection without a hearing.

In all fairness to New Mexico courts and the process as a whole, most of the illegitimate Petitions that I’ve encountered are flooded with serious claims that never occurred, and are simply being used as a means to achieve a Temporary Order that grants the requesting parent sole custody until a hearing is held and the Temporary Order is dismissed. Additionally, it is possible that preventable acts of abuse could occur if the roles were reversed and the court used a “strong arm” approach to Petitions for Orders of Protection, only finding probable cause to issue a Temporary Order under the most severe of circumstances.

Under such a hypothetical “strong arm” situation, because today’s media thrives on “gottcha journalism,” judges that refused to grant a Temporary Order of protection – opting to lean on the side of judicial economy instead of caution – could potentially face a relentless backlash of media scorn, in addition to personal mental anguish, if something traumatic occurred after the Petition was denied.

(505) SANCHEZ IS AN ORDER OF PROTECTION ATTORNEY THAT HANDLES RESTRAINING ORDERS INVOLVING CHILDREN IN ALBUQUERQUE, NEW MEXICO

Do you have legal issues with restraining orders involving children in Albuquerque?  Restraining orders involving children in Albuquerque require an experienced restraining order attorney in second judicial district court.   Matthew Legan Sanchez has over a decade of experience handling restraining orders involving children in Albuquerque.   Sanchez can be reached by calling (505) SANCHEZ.