What are the Consequences of a Restraining Order of Protection in Albuquerque, New Mexico?

 

Are you researching the consequences of a restraining order of protection in Albuquerque, New Mexico? In New Mexico, restraining orders protect alleged victims from future abuse.

First, it is important to understand how to file a restraining order.  Next, it is essential to understand the difference between a temporary restraining order (“TRO”) and “permanent” order.  Finally, it’s important to consider the tips for filing a restraining order in New Mexico.

After considering these elements, let’s uncover the consequences of a restraining order of protection in New Mexico.

CONSEQUENCES OF RESTRAINING ORDER BEING ENTERED

A restraining order being entered can impact you in several ways.  First, a restraining order can impact your ability to own or possess a gun.  For instance, under federal law, you cannot own or possess a firearm while an restraining order of protection is active.

Next, a restraining order can impact your security clearance.  Whether the restraining order negatively impacts your security clearance depends on several factors.  These factors include:

• Facts and circumstances surrounding the order being entered;
• How long has passed since the order was entered?
• The seriousness of the allegations and alleged conduct;
• Your clearance level (Confidential, Secret, or Top Secret); and
• Your assigned background investigator.

In addition to security clearances, a restraining order can also impact your lease or housing.  For example, at times, a restraining order may cause an eviction when both tenants live in the same community.  Also, your lease may include a no-tolerance policy regarding domestic abuse.  In either of these situations, the restraining order can negatively impact your lease.

Are you going through a divorce?  If so, a restraining order can significantly impact your divorce and custody case.  Finally, is CYFD involved with your family and children?  If so, a restraining order can impact CYFD’s involvement with your case. In turn, CYFD’s findings can impact your restraining order, which impacts your future child custody and Albuquerque, New Mexico visitation.

CRIMINAL CONSEQUENCES OF VIOLATING AN ORDER OF PROTECTION ALBUQUERQUE, NEW MEXICO?

A restraining order of protection is a court order that limits the interaction between two people.  This restriction often prevents one person from contacting or coming within 100 yards of the protected party.

Violating a restraining order carries significant consequences.  According to New Mexico law, a first violation is a misdemeanor.  Accordingly, a first violation carries up to one year in jail.  Moving forward, a second violation requires a mandatory sentence of 72 consecutive hours of imprisonment.

Moreover, people charged with a second offense can be charged with aggravated stalking.  In New Mexico, aggravated stalking is a fourth-degree felony that can result in 18 months of imprisonment, or a $5,000 fine.

A third or subsequent violation can result in a $5,000 fine and/or three years of imprisonment.  As you can see, violating a restraining order of protection is a serious offense that carries serious penalties.

ADDITIONAL CONSEQUENCES

 

Are children involved with your restraining order of protection?  If so, a restraining order being entered could result in a child custody or parental visitation order being entered.  You see, when children are involved, your hearing officer has power to enter an order regarding parental visitation or child custody.  In doing so, the custody and visitation order can extend for six months.

When children are involved, parental visitation can be suspended until the order expires.  Alternatively, depending on the severity of the claims, the court may order for visitation to be supervised.

Most cases involving children include CYFD.  Because of this fact, CYFD’s investigation and ultimate findings will heavily influence your Hearing Officer’s final decision.

 

FIGHTING A RESTRAINING ORDER OF PROTECTION IN NEW MEXICO

 

Are you facing a restraining order of protection in New Mexico?  If so, is the restraining order based on false allegations?  In this situation, it is essential to speak with an experienced attorney.  An experienced divorce attorney can help you uncover evidence and understand how to beat the false restraining order.  In doing so, an experienced attorney can spot issues with your case.  Also, an experienced lawyer can help you uncover evidence to beat the false restraining order.

You are in good hands.  Matthew Legan Sanchez has handled restraining orders for over a decade.  Over this time, Sanchez has handled restraining orders across New Mexico, including Raton, Estancia, Santa Fe, Los Lunas/Belen, Rio Rancho, and Albuquerque.  Call (505) SANCHEZ today.