You may be wondering, “How much does a domestic violence lawyer cost in New Mexico?” Unfortunately, domestic violence and family abuse are rising across New Mexico.
A domestic violence lawyer’s cost depends on several factors. These factors vary with each domestic violence case.
First, the overall cost depends on the specific case. For instance, is the case a criminal charge for domestic violence? If so, does the domestic violence relate to physical abuse, or damage to property?
Next, is the domestic violence charge a misdemeanor or felony? Specifically, did the domestic violence cause great bodily harm? Alternatively, was a weapon used?
Third, do you have a history of domestic violence charges and convictions? For example, have you already completed the Early Intervention Program (EIP) through Metro Court in Albuquerque, NM?
Finally, is the domestic violence related to a restraining order of protection? If yes, does the case coincide with a divorce or custody/visitation case?
Let’s examine five common domestic violence cases in Albuquerque, NM. Understanding the difference between these cases helps one to understand, “how much does a domestic violence lawyer cost in New Mexico?”
BATTERY AGAINST A HOUSEHOLD MEMBER
Battery against a household member is probably the most common form of domestic violence charge in NM. Nevertheless, battery against a household member comes in many different shapes and sizes.
On one end, you might fact battery charges for throwing an object at a household member. In this situation, possibly minimal or no damage was caused.
In the middle, battery may be due to a mild, yet offensive touching with the intent to harm or offend. For instance, possibly you pushed a partner or household member during an argument.
On the extreme, battery may be aggravated or involve a weapon. On this end, potentially great damage was caused through choking, hitting, or with a weapon.
A domestic violence lawyer’s cost often depends on the alleged severity. Moreover, the cost often turns on one’s history of domestic violence.
A history of domestic violence charges often disqualifies a person from entering the Early Intervention Program. In other words, a DV history often increases the case’s difficulty and potential penalties.
Usually, more severe charges cost more. Similarly, a history of DV charges often increases the case’s difficulty. In turn, the history increases the lawyer’s total expense.
RESTRAINING ORDER OF PROTECTION
Domestic violence often results in a restraining order of protection being filed. You can face a restraining order of protection, even when criminal charges are not filed.
A restraining order of protection is civil in nature. The restraining order is filed in the county where the alleged victim lives.
Restraining orders involving household members are filed under the Family Violence Protection Act.
Restraining orders can be entered when the alleged victim demonstrates that an act of abuse occurred that poses an immediate threat of harm. An act of abuse typically includes:
- Physical harm;
- Severe emotional distress;
- Criminal damage to property;
- Stalking; or
- Harassment.
Restraining orders are typically entered for six months to one year.
Watch this video for more information about restraining order of protections in Albuquerque, NM.
FIGHTING FALSE ALLEGATIONS OF ABUSE
Not all restraining order of protection cases are created equally. Some restraining orders are based on bogus claims.
An experienced domestic violence attorney can help you fight false allegations of abuse.
Watch this video for more information on how to fight false allegations of domestic violence.
CRIMINAL DAMAGE TO PROPERTY — DOMESTIC VIOLENCE LAWYER COST
Criminal damage to a household member’s property falls under domestic violence. On one end, the damage may be minimal. Damage under $350 is usually charged as a misdemeanor.
On the heavy side, the damage can be substantial. Considerable damage is often charged as a felony.
Once again, a domestic violence lawyer’s cost often turns on the case’s severity. In other words, misdemeanor cases usually cost less than felony level offenses.
DOMESTIC VIOLENCE & DIVORCE — DOMESTIC VIOLENCE LAWYER COST
Domestic violence charges often coincide with divorce or separation.
At times, an incident leads to police involvement. The police involvement can lead to criminal charges for battery against a household member. Moving forward, a restraining order of protection may also be requested.
Finally, the charges may also lead to divorce or separation.
Each DV aspect usually carries independent legal expenses. For instance, a lawyer usually charges one fee for defending against the criminal charges. This lawyer may or may not have experience with the related custody or divorced matters.
Usually, an attorney will then charge an independent expense for handling the restraining order of protection matter.
Finally, an attorney may charge a separate expense for handling the divorce matter. Each case is different. Consequently, each case usually has a separate fee.
Battery against a household member is a criminal offense. Accordingly, this charge will flow through the criminal court.
A restraining order of protection is a civil matter. As such, this case flows through the Family Court’s DV Division.
Finally, divorce is considered a “Domestic Matter.” Therefore, a divorce flows through the Family Court’s DM Division.
As we have seen, a lawyer’s cost usually increases based on the allegations and resulting severity.
Moreover, an attorney’s expense often increases when the alleged abuser has a history of domestic violence charges.
Finally, a domestic violence lawyer’s cost increases based on the number of independent cases.
DOMESTIC VIOLENCE & CHILD CUSTODY/VISITATION
Domestic violence often collides with child custody/visitation. This collision can come through a divorce case. Alternatively, the DV may tie into a paternity case.
Family courts are concerned by claims of domestic abuse. This concern increases when substance abuse or mental health issues are mixed with allegations of abuse.
A DV charge and conviction can impact one’s custody case. A criminal conviction for domestic violence can negatively impact one’s visitation and custody.
Moreover, a restraining order of protection can influence and harm one’s custody and visitation case.
Has a restraining order been entered against you? If so, were children involved? In this situation, the DV Court has the power to enter a six-month custody and visitation order.
This custody and visitation order can impact and influence your ongoing custody and visitation case. As mentioned, restraining orders are handled in the DV Court. Conversely, ongoing custody and visitation cases are handled in the DM Court.
With that said, both courts (i.e. DM and DV Court) routinely intersect and influence each other.
Have you been charged with domestic violence? Are children involved? If yes, it is essential to immediately speak with an experienced domestic violence and custody attorney.
An experienced custody and visitation attorney/lawyer can help you understand how a restraining order can impact your future custody and visitation case.
Often, the different types of domestic violence cases discussed above intersect and collide. As such, you may need an experienced attorney that understands how the criminal court can impact family court.
HOW MUCH DOES A DOMESTIC VIOLENCE LAWYER COST IN NEW MEXICO?
Are you looking for domestic violence lawyers/attorney in Albuquerque, NM? Are you looking for a family violence lawyer/attorney that understands the interplay between criminal and civil courts? Look no further.
Matthew Legan Sanchez is one of New Mexico’s best domestic violence family lawyer. For over thirteen years, Sanchez has handled domestic violence charges across New Mexico. Sanchez routinely represents both alleged victims and abusers.
Call (505) SANCHEZ today.
