If you are facing a restraining order in Albuquerque, New Mexico, you may be wondering if you can file a counter restraining order against the person who filed against you.
Yes. You can file a counter claim, also known as a counter petition/request, in response to the original request.
A counter restraining order is requested in the same way as the initial restraining order. The main difference is that the counter petition/request is filed after the initial request.
Otherwise, the two processes are generally the same. Moreover, the rules, location for filing, burden of proof, and results can be the same for both the initial and counter requests.
Nevertheless, there are good and bad reasons for filing a counter request for a protective order.
Let’s examine some of the good and bad reasons for filing a counter restraining order in Albuquerque, New Mexico.
A good reason to file a counter restraining order is because you legitimately need one. For example, you should file a counter request if you have suffered actual abuse and face an immediate threat of harm.
In some cases, the initial request lacks merit. At times, a protective order is requested pre-emptively in anticipation of a coming paternity or divorce case. The initial request may be made to try and achieve an advantage in the custody case.
In some cases, the abuser makes the initial request to beat the victim to the punch. In doing so, the abuser plays the role of the victim to try and make the victim’s legitimate claims appear retaliatory.
Solid reasons for filing a counter request include initial claims that lack any support or evidence. Instead, the counter claim is supported by concrete evidence.
This evidence could be witness’ testimony, texts, pictures, or recordings. Alternatively, your story and timeline may be more believable than the initial statements and story.
Check out this video for 4 tips to beat a restraining order.
A counter petition should never be filed vindictively or for retaliation.
In other words, it’s a bad idea to request a protective order to beat someone to the punch, or to strike back.
Instead, the initial request and counter should only be filed based on a legitimate act of abuse that poses future harm.
This cuts in both directions. In other words, a bogus initial request – or counter request – both can backfire. For example, sometimes a bogus initial request causes a legitimate counter request to be filed.
Consequently, the original request may be denied – with the counter request being granted. When this happens, the initial person claiming to be the victim may be found to be the abuser. Consequently, the alleged victim may be hit with an order of protection.
With that said, experienced hearing officers usually can detect counter petitions that are filed for bad reasons. This perception often has the unintended consequence of strengthening the other side’s position.
In other words, filing a counter restraining order for bad reasons tends to inadvertently strengthen the other side’s case and perceived credibility.
Therefore, proceed with caution when deciding whether you should file a counter request.
A potential benefit for filing a counter restraining order is that a protective order can be entered against the person that initially filed.
If a counter request is not filed, then the court lacks power to enter a restraining order against the person that initially filed. When a counter request is not filed, the court usually only has two options: (1) Dismiss the initial request, or (2) Grant the initial request.
At times, both sides have engaged in abusive behavior. Nevertheless, a mutual restraining order (i.e. an order that points in both directions) usually can only be entered if a counter request is filed.
Therefore, it is essential to file a counter request when legitimate abuse has occurred.
Another potential benefit is that a counter request may increase the likelihood of resolving the issue outside of court. You see, a counter restraining order creates the possibility that a protective order may be entered against the person that initially filed. Without the counter request, usually the only option is for an order to be entered in favor of the person that initially filed. In such a situation, the person that initially filed may have less incentive to resolve outside court.
Therefore, the possibility that the order could go both ways can create a bigger incentive to settle.
Nonetheless, it is always best practice to speak with an experienced domestic violence and child custody attorney. Failing to speak with an experienced attorney could result in action that harms one’s case and interests.
The best time for filing a counter request is immediately after the abuse happens. Usually, the claim that you need a restraining order loses strength as time passes between the time of abuse, and the time of filing.
Therefore, a counter request should be filed as soon as possible.
Ideally, the counter request can be filed before you are served with the initial request.
Nevertheless, each case is different. Accordingly, it is always best practice to speak with an experienced Albuquerque restraining order attorney before filing either an initial or counter request.
Failing to speak with an experienced family violence attorney could create unintended consequences. In other words, sometimes allegations can backfire. In doing so, the cost of filing may outweigh the benefits.
Therefore, you should be fully informed instead of blindly rushing towards a protective order.
In New Mexico, a counter restraining order is usually filed the same way as the initial request.
In Albuquerque, the initial and counter requests are filed through the Second Judicial District Court. With Rio Rancho, both are filed with the Thirteenth Judicial District Court.
The person that initially files is the Petitioner. Conversely, the person filing a counter request is the Respondent and Counter Petitioner.
Watch this video for more information on how to file a counter restraining order in New Mexico.
Are you facing a protective order in Albuquerque, NM? If so, it is essential to speak with a seasoned attorney to understand the legal process and requirements for filing a counter restraining order.
Most importantly, an experienced attorney can help you avoid filing an initial or counter request that inadvertently hurts your case. Moving forward, this damage may have long-term consequences that impact your case.
Sanchez is an affordable and experienced restraining order of protection attorney in Albuquerque, New Mexico.
Sanchez routinely handles protective order cases that involve child custody, domestic violence, uncontested divorce or contested divorce issues.
Call (505) SANCHEZ today.
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