Do I need a Restraining Order of Protection Attorney?

Are you looking for a restraining order of protection attorney/lawyer in New Mexico? If so, were you recently granted a temporary restraining order? Alternatively, were you recently served with an order of protection? Either way, you may be wondering, “Do I need a restraining order of protection attorney/lawyer.”

Let’s examine what you should consider when deciding to lawyer-up for your restraining order of protection hearing.

PETITIONS CAN BACKFIRE

Requesting an order of protection does not guarantee that a permanent order will be granted. Click here for more information surrounding the order of protection process.

Keep in mind, filing a request for an order of protection opens the possibility of a counter-request being filed. Additionally, filing an order of protection also creates the potential for a motion to modify being filed in your custody matter. Based on these potential outcomes, it is essential to consider the cost and benefits of filing a petition for order of protection.

In doing so, it is important to speak with an experienced order of protection attorney. Your case’s facts may demonstrate that an attorney ultimately is not needed for hearing. In this respect, possibly the facts are so overwhelming that the matter can be handled without an attorney. For most cases, however, experienced counsel is needed to properly handle the order of protection process.

KNOW THE CONSEQUENCES – RESTRAINING ORDER OF PROTECTION ATTORNEY/LAWYER

The order of protection process can appear deceivingly informal. For example, the process can seem informal, based on the following factors:

Free charge for filing and serving paperwork;
Hand-written petition that is often filed with spelling and grammatical errors;
The Hearing is usually held by a Special Masters/Hearing Officer; and
Attorney/Lawyers are optional – but not required.

These factors can lead people to believe that the hearing is informal. Accordingly, people may also believe that there is little or no consequences to an order of protection being entered. Unfortunately, this belief is misplaced.

A permanent order of protection affects people differently. An order of protection can have the following consequences:

Preventing one from owning or possessing a firearm while the order is in place;
Negatively impacting security clearances;
Potentially impacting one’s job; or
Possibly impacting one’s rent or lease.

Based on these potential consequences, an order of protection’s impact varies from person to person. For instance, someone that does not own or possess a gun – or has no intention to own or a possess a gun – will be impacted differently from someone that works with a gun, owns a gun, or is an avid hunter.

Additionally, someone with a top-security clearance is impacted differently than someone without a security clearance.

Because of these facts, it is always important to speak with an experienced attorney before your restraining order of protection hearing. You are setting yourself up for failure by failing to understand the consequences of an order of protection. Based on your facts, you may not need an attorney/lawyer to represent you at the temporary order of protection hearing. Nevertheless, it is essential to speak with an experienced attorney and understand the process and consequences.

STRESS AND UNCERTAINTY – RESTRAINING ORDER OF PROTECTION ATTORNEY/LAWYER

Litigation can be stressful. Moreover, the legal system’s formality and uncertainty can increase the stress that one encounters. Finally, it is a bad idea to blindly walk into a hearing without first consulting with an experienced attorney. Consider this: possibly your ex’s claims lack merit. Nevertheless, possibly your ex has consulted with an experienced attorney and has formed a solid game plan. This plan could be the difference between an order of protection being entered or dismissed.

You see, an order of protection is entered based on a “preponderance of the evidence.” This “preponderance” standard is the lowest legal standard. Essentially, this “preponderance” standard means “more likely than not.” In other words, your hearing officer can enter an order if the evidence suggests that it is “more likely than not” that an act of abuse occurred. This low burden of proof essentially means that any evidence could tip the scales. Accordingly, a solid game plan often is the difference between an order being entered or dismissed.

Finally, interacting with your ex can be awkward and stressful in any context. This stress is compounded in a legal setting. For instance, your hearing will require you to present evidence and cross-examine your ex, or household member. Because of this fact, a seemingly informal hearing can turn into a stressful life event.

FILING AND SERVING DEADLINES

The legal system is filled with outdated laws, procedures, and rules. Often, these rules and procedures are very difficult to understand. Similarly, an order of protection hearing involves deadlines and filing procedures. For instance, evidence that will be used at the upcoming hearing must be filed and served according to local rules. Failing to follow these rules will result in the evidence being excluded. Often, the difference between an order being entered or dismissed turns on the evidence that is properly introduced.

In other words, the difference between an order of protection being entered or dismissed against you may rest on evidence being properly filed and served. Failing to follow rules and procedure can turn a “simple” hearing into a life-altering event with long-term ramifications.

INTERACTING WITH YOUR ABUSER OR ACCUSER

A benefit to securing an attorney includes a buffer between you and your abuser/accuser. Without an attorney, you will be required to present evidence and question your abuser/accuser. Additionally, you may be forced to deal with your abuser/accuser’s attorney. In this respect, possibly your ex has retained an experienced and aggressive attorney. If so, this experienced attorney can spot issues and evidence in the case. The ability to spot issues and evidence is often the difference between success and failure.

Additionally, your ex’s attorney will also cross-examine you about your testimony and evidence.

Moral of the story – based on your facts, you may not need a restraining order of protection attorney/lawyer. Nevertheless, it is always best practice to speak with an experienced lawyer before blindly walking into an unknown legal process. At times, blindly walking into an unknown order of protection hearing is like walking the plank towards a bad fall.