COVID’s Impact on Family Law Cases

 

Recently I have been inundated with questions surrounding the status of family courts in Albuquerque and Rio Rancho.  To provide much needed clarity, I am providing all of the information that I have received regarding court delays, closures, and the general status of family courts in Albuquerque and Rio Rancho.

Second Judicial District Court — Domestic Matters Division (DM Division)

• The DM Courthouse is not closed. However, no hearings will take place until April 20, 2020.
• The difficult decision was made in order to reduce and protect the high number of people (attorneys, litigants, and members of the public) that routinely appear at the courthouse for family related issues.
• Virtually all of the DM hearings that were scheduled and pending, before April 20, 2020, have been vacated (cancelled) and reset for a day after April 20, 2020.
• The court is sending out updated notices with the new hearing dates.
• Emergency matters will be considered on a case-by-case basis.
• Judges, Hearing Officers, and Special Commissioners will be on a rotating schedule so that pleadings (Petitions & Motions) can be reviewed and orders signed (Ex Parte Order, Temporary Order of Protection, etc.).
• During this period, attorneys and pro se litigants can complete pleading packets (Divorces, etc.) and request relief without a hearing. In this respect, attorneys and litigants can also file Emergency Motions for an Ex Parte Order (i.e. an Order without a hearing).
• I recently filed an Emergency Motion and was granted an Ex Parte Order Requiring the Immediate Return of the Minor Child and Sole Custody. So, yes, the court is still reviewing Motions and signing Ex Parte Orders.

Second Judicial District Court – Domestic Violence Division (DV Division)

• The DV Division is “sorta open.”

• The front entrance is closed. The east-facing window is open.
• The DV Division is still taking Petitions for Order of Protection, and entering Temporary Restraining Orders.
• No hearings will take place for at least thirty days.
• Hearings will resume on April 20, 2020.
• Any pending Hearings have been reset for a date after April 20, 2020.
• Temporary Restraining Orders are still being entered, but hearings will not take place until April 20, 2020.
• Judges and Hearing Officers are on rotation.
• For instance, today, Rachelle Klump and Jane C. Levy are on rotation. Tomorrow will be Stephen M. Klump and Debra Ramirez.

Thirteenth Judicial District Court – Domestic Matters Division (DM Division)

• For now, all hearings have been left “as is” and the Court is operating as usual.

 

Thirteenth Judicial District Court – Domestic Violence Division (DV Division)

• The DV Division is still taking Petitions and entering Temporary Restraining Orders.
• No new hearings until late April, or early May.
• The DV Division’s goal is “minimal contact” for prevention and safety.
• All hearings have been vacated and reset for late April, or early May. Some hearings may be scheduled as late as June, based on the Hearing Officer’s availability.

 

Matthew Legan Sanchez is a experienced child custody attorney handling COVID related custody cases in Albuquerque. Call (505) SANCHEZ for more information on COVID’s Impact on Family Law Cases in New Mexico.