What is Domestic Abuse or Violence During Divorce in New Mexico?     

Are you researching domestic abuse/violence during a New Mexico divorce?  If so, you are not alone in your quest for information.  According to recent reports, COVID-19 isolation has caused an increase in domestic violence.  Unfortunately, the recent increase in domestic violence has also caused a spike in divorce cases that involve domestic abuse or violence.

In New Mexico, the Family Violence Protection Act (FVPA) enables family violence victims to request a restraining order of protection.  If granted, an order of protection protects domestic violence victims from further acts of abuse.  In doing so, the order of protection prevents abusers from contacting the victim or coming within 100 yards.

To begin, many victims are unclear what is considered domestic abuse in New Mexico.  To better understand the FVPA, let’s uncover what is consider an act of domestic violence in New Mexico.

WHAT IS CONSIDERED DOMESTIC ABUSE/VIOLENCE DURING DIVORCE

In New Mexico, domestic abuse covers a wide range of actions.  These actions include:

• Stalking or sexual assault;
• Physical harm;
• Severe emotional distress;
• Bodily injury or assault;
• A threat causing immediate fear of injury;
• Criminal trespass;
• Criminal damage to property;
• Repeatedly driving by a residence or work place;
• Telephone harassment;
• Harassment;
• Strangulation/suffocation; or
• Harm or threatened harm to children.

Have you suffered any of act of abuse outlined above?  If so, was the abuse caused by someone with whom you have had a continuing personal relationship?  If you answered yes, then you can file a petition for order of protection.

HOW DO I PROVE DOMESTIC VIOLENCE OR ABUSE DURING DIVORCE?

An alleged victim of abuse has the burden to prove:

• An act of abuse occurred; and
• The alleged abuser poses an immediate threat of future harm to the victim.

The alleged victim must show these elements by a preponderance of the evidence.  In other words, the alleged victim must show that it is more likely than not that these elements are present.  When this burden is met, the assigned Hearing Officer likely will enter an Order of Protection for one year or more.

WHAT EVIDENCE CAN I USE TO PROVE DOMESTIC ABUSE OR VIOLENCE DURING MARRIAGE?

The following evidence can be used to show that domestic abuse or violence has occurred:

• Witness testimony in court;
• Photos, text messages, emails;
• Criminal charges;
• CYFD investigation and testimony;
• Verbal or written threats;
• Witness testimony that supports claims of abuse; or
• Any other evidence that shows abuse has occurred.

The assigned Hearing Officer considers any evidence provided.  In doing so, the Hearing Officer determines if the alleged victim of domestic violence can meet the burden of proof.

HOW TO FILE A PETITION FOR ORDER OF PROTECTION IN NEW MEXICO

Are you a victim of domestic violence during marriage?  If so, you can file a petition for Restraining order of protection.  This petition is filed with the district court in your county.  Therefore, victims that live in Albuquerque can file this petition with Second Judicial District Court.  Additionally, victims in Rio Rancho can file the petition with Thirteenth Judicial District Court.

Once filed, the assigned judge reviews the petition.  During this review, the judge determines if the facts stated in the petition demonstrate probable cause that an act of abuse has occurred.

If probable cause is found, a Temporary Restraining Order (“TRO”) is entered.  Usually, this TRO prevents the alleged abuser from contacting or communicating with the alleged victim.  The TRO then sets a hearing to address the claims of abuse.

The hearing usually takes place within 10 to 30 days.  At this order of protection hearing, the assigned Judge or Order of protection hearing Officer reviews all the evidence outlined above.  In doing so, the Judge or Hearing Officer determines if an act of abuse occurred that poses an immediate threat of danger to the victim.

If granted, the restraining order of protection is typically valid for one year.  When children are involved, the order of protection can outline child full custody and timesharing for six months.

BEST DOMESTIC VIOLENCE DIVORCE LAWYER OR ATTORNEY IN NEW MEXICO

Are you the victim of domestic abuse or violence during divorce?  If so, you need an aggressive and the best domestic violence lawyer or attorney in New Mexico.  Matthew Legan Sanchez is the best domestic violence attorney or lawyer for your divorce that involves domestic violence.

For over a decade, Sanchez has handled restraining order cases across New Mexico, including Raton, Estancia, Santa Fe, Los Lunas/Belen, Rio Rancho, and Albuquerque.  Call (505) SANCHEZ today.