Breakups can be difficult and devastating. Even when a relationship is abusive, often it is difficult to end the toxic cycle. Possibly you feel trapped in an abusive relationship. Whether male or female, you may feel that it is impossible to end the abusive relationship.
Sadly, domestic violence is a common issue in New Mexico. For instance, a Survey of Violence Victimization in New Mexico reveals that “ . . . 1 in 3 adults females (32%) will be victims of domestic violence in their lifetime.”
Contrary to popular belief, however, domestic abuse is not limited to women. You see, according to the Survey, 1 in 4 adult males (24%) will also suffer abuse in their lifetime.
On both ends, domestic violence is a harsh reality for New Mexicans.
WHAT IS DOMESTIC VIOLENCE AND ABUSE?
Domestic violence isn’t limited to physical abuse. Instead, domestic violence/abuse occurs in many forms, including:
- Severe emotional distress;
- Damaging property;
- Physical abuse;
- Stalking; or
- Harassment.
Also, domestic violence cases occur in different courthouses. In New Mexico, both family and criminal courthouses address domestic violence cases. Both courthouses have the same purpose; namely, to protect victims from abuse. However, family and criminal courts have different policies, procedures, and consequences.
DOMESTIC VIOLENCE IN FAMILY COURT – FAMILY VIOLENCE PROTECTION ACT
In family court, domestic violence is handled through domestic violence division. With the DV Division, domestic violence falls under the Family Violence Protection Act. Specifically, a victim of abuse can request a Restraining Order of Protection based on an act of abuse. For more information on Restraining Order of Protection, click HERE.
If entered, the Restraining Order of Protection can prevent contact and communication between abuser and victim.
At times, family court intersects with criminal court. For instance, Restraining Order violations can result in criminal charges and penalties.
STEPS FOR FILING A RESTRAINING ORDER OF PROTECTION IN NEW MEXICO
Are you a victim of domestic violence or abuse? Does the abuser pose an immediate threat of danger to your or your child? If so, you need to request a Restraining Order of Protection. To do so, contact the district court in your county.
Here are tips on strengthening your case:
- Document the abuse;
- Take pictures of bruises, or damage to property;
- Save abusive, threatening, or harassing texts or emails; and
- Request a Restraining Order immediately after abuse happens;
Also, it is important to immediately speak with an experienced domestic violence victim attorney/lawyer. An experienced attorney can help you prepare your best case possible.
DOMESTIC VIOLENCE IN CRIMINAL COURT — DOMESTIC VIOLENCE VICTIM ATTORNEY/LAWYER
When the police are called, domestic violence usually results in criminal charges. Both family court and criminal court seek to protect victims from future abuse. In family court, this occurs through an Order of Protection. In criminal court, this protection occurs through conditions of release that requires no contact between the alleged abuser and victim.
Additionally, if convicted, criminal court also seeks to punish abusers for domestic violence.
With that said, criminal court lacks the power (“jurisdiction”) to decide family issues such as custody, visitation, and support. Accordingly, these issues must be addressed through family court’s Domestic Matters Division.
Are you going through a domestic violence matter that involves custody, visitation, or support? If so, it is essential to have an experienced domestic violence attorney that understands criminal and family court.
FIGHT BACK AGAINST DOMESTIC VIOLENCE
Domestic violence victims may feel lost or hopeless. At times, domestic violence causes victims to believe that nobody will believe their story. In some homes, the abuser may belittle the victim. Over time, this abuse can result in the victim believing that nobody will believe their story.
You need a domestic violence victim lawyer/attorney to fight for you. Our help includes:
- Listening to your facts and preparing the best case possible;
- Instructions on filing for a Restraining Order of Protection;
- Aiding victims with available resources.
- Guiding domestic violence victims with custody, visitation, and support issues; and
- Assisting victims with parent relocation/move away, to prevent abuse.
DOMESTIC VIOLENCE ATTORNEY/LAWYER FIGHTING FOR YOU AND YOUR FAMILY
Do you still have questions about your Domestic Violence or Restraining Order case in New Mexico? For over a decade, Matthew Legan Sanchez has successfully handled domestic violence charges. Sanchez has handled domestic violence matters all across New Mexico, including Estancia/Socorro, Los Lunas/Belen, Rio Rancho, and Albuquerque. Sanchez has also handled Restraining Orders all across New Mexico, including Raton, Estancia, Santa Fe, Los Lunas/Belen, Rio Rancho, and Albuquerque. Call (505) SANCHEZ today.
