Finding the best domestic violence lawyers/attorney in New Mexico is going to take a little leg work. Also, finding the top domestic violence lawyers/attorney is going to take an understanding of NM law. Whether asking friends, or searching the internet, the process is going to take several important steps.
In the end, the process will pay dividends towards your domestic violence or restraining order of protection case.
Here are some steps to consider when looking for the best domestic violence lawyers/attorney in New Mexico.
CIVIL VS. CRIMINAL
Domestic violence charges come in two flavors: civil and criminal. With civil cases, claims of abuse are filed through a Restraining Order of Protection.
CIVIL – RESTRAINING ORDER OF PROTECTION
A Restraining Order of Protection is civil in nature and filed under the Family Violence Protection Act. If entered, a Restraining Order of Protection can have the following results:
- Prevent communication or contact;
- Find that an Act of Abuse occurred;
- Impact Right to Bear Arms; or
- Impact job or security clearances.
Although a Restraining Order of Protection is civil in nature, violating the Order can result in criminal charges. In other words, at times, the civil process can lead to criminal charges.
CRIMINAL CHARGES FOR DOMESTIC VIOLENCE
Criminal charges for domestic violence are usually filed as Battery Against a Household Member. Usually, criminal charges begins when a police officer reports to one’s home regarding claims of abuse. In Albuquerque, the reporting officer conducts an investigation. This investigation includes:
- Speaking with the parties;
- Observing any signs of abuse;
- Speaking with any witnesses.
Ultimately, the reporting officer determines who was the “primary aggressor.” In Albuquerque, the criminal matter then flows through the Metropolitan Court. Click here for more information on New Mexico’s laws regarding domestic violence.
Although civil and criminal cases are distinct, the two processes can overlap. For instance, someone can be criminally charged with domestic violence and face a restraining order of protection.
FINDING THE BEST DOMESTIC VIOLENCE LAWYERS/ATTORNEY
All domestic violence cases are created differently. Nevertheless, there are core qualities to consider when finding the best domestic violence lawyers/attorney for your case.
TRIAL EXPERIENCE
There is no way to fake the experience that comes through trial. The best domestic violence lawyers/attorneys have the trial experience needed to guide your case from start to finish. However, trial experience isn’t limited to speaking in court. Trial experienced also covers the following elements.
DISCOVERY
The discovery process is crucial with domestic violence charges. For instance, the discovery process enables all the essential evidence to be uncovered and reviewed. As such, this information can be the difference between success and failure.
Witness interviews are a part of the pre-trial, discovery process. These interviews enable attorneys to speak with the alleged victims and witnesses. In doing so, issues and holes in the state’s case appear. These holes are then used to argue that the state cannot prove its case beyond a reasonable doubt.
Information uncovered during the discovery process is also used for filing motions. These motions routinely include requests to:
- Exclude evidence;
- Dismiss the charges;
- Continue; or
- Exclude witnesses or testimony.
At times, some domestic violence cases can be dismissed based on the discovery process.
DOMESTIC VIOLENCE, CUSTODY, AND DIVORCE
Domestic violence charges (both civil and criminal) often intertwine with custody and divorce. Because of this fact, a domestic violence conviction can greatly impact one’s custody or visitation case.
At times, claims of domestic violence are raised to gain an advantage in one’s custody or divorce case. Therefore, it is essential to understand how to fight false allegations of abuse.
Are facing a charge for domestic violence and going through a divorce or custody matter? If so, it is essential to speak with an attorney that understands how your charge can impact your divorce or custody matter.
DOMESTIC VIOLENCE LAWYERS/ATTORNEY IN ALBUQUERQUE, NEW MEXICO
Do you still have questions about your domestic violence case in New Mexico? For over a decade, Matthew Legan Sanchez has successfully handled domestic violence charges. Sanchez has handled domestic violence matters all across New Mexico, including Estancia/Socorro, Los Lunas/Belen, Rio Rancho, and Albuquerque. Call (505) SANCHEZ today.
