Are you searching for an experienced family violence attorney/lawyer in New Mexico? At times, family violence can be a hidden crime. You see, often abuse goes undetected by friends, family, and neighbors. Most importantly, for many reasons, victims may be scared to seek help.
Family law cases can be extremely emotional. At times, divorce and child custody cases involve home violence. Are you the victim of family violence? If so, now is the time to speak with an experienced domestic violence attorney.
Alternatively, have you been wrongly accused of domestic violence? If so, do the false allegations surround a divorce or custody case?
Either way, you need to speak with an experienced family violence attorney that practices family law in New Mexico.
ARE YOU THE VICTIM OF FAMILY VIOLENCE IN NEW MEXICO?
Family violence does not discriminate. You see, victims or abusers can either be male or female. Moreover, victims or abusers can be straight, LGBT, black, white, or Hispanic. Additionally, family violence isn’t limited to lovers. Instead, family violence can occur with any household member.
FAMILY MEMBER/HOUSEHOLD MEMBER
In New Mexico, a family/household member is broadly defined. For instance, a family/household member can include any of the following:
- Spouse;
- Former spouse;
- Parent, stepparent, parent-in-law; or
- Grandparent, grandparent-in-law, child, stepchild, co-parent.
In fact, a household member can be anyone with whom you have had a continuing personal relationship. Finally, someone can be a household member without living in your home.
TYPES OF FAMILY VIOLENCE IN NEW MEXICO
Family violence comes in many forms. For instance, family violence is not limited to physical abuse, such as punching, slapping, or choking.
Instead, family violence can include:
- Severe emotional distress;
- Damage to property;
- Harassment;
- Stalking;
- Physical abuse: pushing, slapping, hitting, kicking punching, etc.
- Threats of harm or self-harm;
- Severe psychological abuse;
- Criminal trespass; or
- Any abuse that demonstrates an immediate threat of future harm.
Have you suffered any of the abuse outlined above? If so, you need to speak with an experienced family violence attorney/lawyer in New Mexico. An experienced family violence attorney/lawyer can help you understand your legal rights and options.
RESTRAINING ORDER OF PROTECTION
In New Mexico, the Family Violence Protection Act protects victims from future harm. In doing so, abuse victims can file a Restraining Order of Protection against household members. As you have seen, household member is broadly defined.
Are you the victim of family violence? Additionally, is the abuser a “household member?” If so, you can request a Restraining Order of Protection. For more information on a Restraining Order of Protection, click HERE.
FAMILY VIOLENCE IN CIVIL AND CRIMINAL COURT
Family violence cases take place in criminal and civil courthouses. For instance, family violence can result in a criminal charge for Battery Against a Household Member/Domestic Violence.
In the civil realm, family violence can result in a Restraining Order of Protection. Additionally, family violence may also include:
- Divorce;
- Custody, visitation, and child support.
As you can see, family violence can involve criminal and civil courthouses. Therefore, it is important to speak with an experienced family violence attorney/lawyer that understands how NM courthouses work together to protect victims.
FALSE ALLEGATIONS OF FAMILY VIOLENCE
Sadly, not all allegations of family violence are true. At times, alleged victims falsely contact the police, or request a Restraining Order of Protection based on lies. Sometimes, an alleged abuser is taken into custody based on false statements or evidence. Additionally, some Restraining Order of Protections are requested to gain an advantage with a custody or divorce case.
Are you going through a divorce or separation and have been falsely accused of family violence? If so, you need to speak with an experienced family violence attorney/lawyer in New Mexico. An experienced family violence attorney/lawyer understands how the false allegations can greatly impact your divorce or custody case.
HOW FAMILY VIOLENCE IMPACTS CUSTODY AND VISITATION
NM courts rarely award joint legal custody when family violence is occurring within a home. Specifically, NM family courts usually award temporary sole legal custody when significant abuse has taken place. Additionally, NM family courts usually require supervised visitation when abuse creates an immediate threat of future harm.
You see, custody and visitation are based on a child’s best interests. Consequently, NM courts believe that a child is best served by supervised visitation when significant and concerning abuse has taken place in the child’s home.
Is CYFD involved in your case? If so, has CYFD made the following findings:
- A co-parent poses a danger to you or your child;
- Co-parent’s home is unsafe; or
- An act of neglect or abuse has occurred?
If so, the court will likely grant a Restraining Order of Protection on behalf of you and/or your child. In doing so, the court likely will grant temporary sole legal custody. Regarding visitation, the abusive parent may receive supervised visitation through an agency such as APN or Neutral Corner.
CONTACT AN EXPERIENCED FAMILY VIOLENCE ATTORNEY/LAWYER TODAY
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 across NM, including Estancia/Socorro, Los Lunas/Belen, Rio Rancho, and Albuquerque. Also, Sanchez has handled Restraining Orders across NM, including Raton, Estancia, Santa Fe, Los Lunas/Belen, Rio Rancho, and Albuquerque. Call (505) SANCHEZ today.
