Are you going through a custody dispute that involves domestic violence? If so, are you wondering how domestic violence impacts child full legal custody and parental visitation in New Mexico?
Sadly, domestic violence rates have increased since COVID-19 hit America. The recent increase in domestic violence rates have impacted child’s full custody and parental visitation cases across New Mexico. In short, domestic violence is increasingly impacting child legal custody and parental visitation cases.
Domestic violence victims can receive immediate protection through a temporary restraining order. The Family Violence Protection Act provides domestic abuse victims with the ability to request a restraining order of protection. If granted, the temporary order of protection can grant a parent sole legal custody until a hearing is held.
Have you been falsely accused of domestic violence? Alternatively, have you or your child suffered domestic abuse? In either scenario, it is crucial to understand how domestic violence impacts child full legal custody and parental visitation cases.
In New Mexico, victims of domestic abuse can request a restraining order of protection. A restraining order is filed with the district courthouse in your county. For instance, Bernalillo County residents can request a restraining order of protection with Second Judicial District Courthouse.
The petition outlines the allegations of abuse. Once submitted, the petition is reviewed by the presiding judge – usually Judge Debra Ramirez. The reviewing judge determines if the petition shows probable cause that an act of abuse occurred. If so, a temporary restraining order is entered. Also, a hearing is set to determine if an order of protection will be entered.
At this hearing, both sides can tell their story. The Hearing Officer listens to the stories, reviews the evidence, and listens to witnesses. Based on this evidence, the Hearing Officer decides if an Order of Protection will be entered.
If entered, the order of protection is usually valid for one year. Most importantly, when an order of protection is entered, the Hearing Officer has the power to enter a child full custody and parental visitation order for any children that are involved. As part of the order of protection, the child full custody and parental visitation order is valid for six months.
When an order of protection is entered, the child full legal custody and parental visitation order may require:
Domestic violence often results in a restraining order of protection being entered. In doing so, the order of protection can determine child full legal custody and parental visitation for six months. This process has a long-lasting impact on the Domestic Matters case (DM case).
You see, child full legal custody and timesharing can be temporarily decided within the order of protection case (DV case). However, this decision has long-term implications that impact the ongoing, DM case.
For instance, DM judges are concerned when children are involved with domestic violence. Additionally, DM judges are influenced by the “status quo” timesharing that occurs before the case is heard. Finally, an order of protection that requires limited, or supervised visitation can haunt a parent’s future child full custody and parental visitation case.
In short, an order of protection can haunt one’s future child legal custody and parental visitation case like a ghost in the night.
Domestic violence against children can also result in Abuse and Neglect proceedings through Children’s Court. Abuse and neglect proceedings are generally initiated by CYFD. With extreme cases, a parent that has abused a child may have their parental rights terminated.
With that said, termination of parental rights is rare. Moreover, a series of formal, legal steps must be completed before parental rights can be terminated. In most cases, domestic violence leads to CYFD involvement, and a restraining order of protection being entered. However, abuse and neglect proceedings are limited to severe allegations of abuse or neglect.
Termination of parental rights is usually limited to extreme acts of abuse. When an abuse and neglect case is opened through Children’s Court, the presiding judge determines what contact is appropriate between the child and parent. In doing so, the judge may require the parent to take a series of steps before parental visitation or communication resumes.
Are you the victim of family abuse or violence? Alternatively, are you the victim of false allegations of abuse? In either scenario, it is imperative to protect your family. Domestic violence can be life-altering. Most importantly, the legal process can be stressful and complicated.
It is important to always speak with an experienced domestic violence and child legal custody attorney. The best attorney can guide you through the domestic violence division and family court. A child full custody lawyer can help you understand New Mexico laws and procedures. In doing so, the family/domestic violence attorney can help you find the best way to address your unique case and situation.
Time is of the essence with domestic violence cases. Accordingly, it is essential to immediately act after an act of abuse happens.
Are you the victim of domestic abuse or violence? Conversely, are you the victim of false allegations of abuse? Either way, you need an experienced, dedicated and the best domestic violence lawyer or attorney in New Mexico. Matthew Legan Sanchez is the best domestic violence attorney or lawyer for your child custody case.
For over a decade, Sanchez has handled domestic violence and restraining order cases across New Mexico, including Raton, Estancia, Santa Fe, Los Lunas/Belen, Rio Rancho, and Albuquerque. Call (505) SANCHEZ today.
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