A restraining order of protection usually lasts one year. With that said, the length varies based on the facts, evidence, and severity of abuse.
Moving forward, it is important to understand the difference between a “temporary” and “permanent” restraining order of protection.
A temporary order of protection is entered when the judge finds probable cause to believe that an act of abuse happened. The temporary order is effective until a hearing is held. At this hearing, the assigned hearing officer determines if a “permanent” order of protection should be entered.
The word “permanent” is misleading. You see, a “permanent” order of protection usually lasts for one year. The order may last longer, depending on the evidence and severity. Conversely, weaker claims may result in a six-month order.
Let’s explore the restraining order process. In doing so, we will uncover factors that impact how long a restraining order of protection usually lasts.
HOW TO GET A RESTRAINING ORDER OF PROTECTION
The restraining order process begins by filing a petition for order of protection. The petition is filed in the county where the alleged victim lives. For instance, Bernalillo residents file the petition with Second Judicial District Court.
The petition includes specific facts regarding allegations of abuse.
Once filed, the assigned judge reviews the petition. In doing so, the judge determines if enough facts are listed to create a sufficient likelihood that abuse has occurred. If not, then the petition is denied.
On the other hand, A temporary restraining order is entered if the petition provides sufficient evidence regarding alleged abuse. The temporary restraining order remains in place until a hearing is held. At this hearing, the hearing officer determines if a “permanent” order of protection is entered. In turn, the average “permanent” order lasts for one year.
FACTORS THAT IMPACT RESTRAINING PROTECTION ORDERS
Several factors impact a restraining protection order’s length. The biggest factor that impacts a restraining protection order’s length is the severity of abuse. For instance, is the restraining order being requested due to significant and alarming acts of domestic abuse? Alternatively, are the allegations relatively minor?
Is the alleged abuser facing criminal charges? If so, are the charges based on violent and felony-level offenses?
Next, does significant evidence support the allegations of abuse? For instance, does the alleged victim have pictures, recordings, or texts that prove abuse happened? Additionally, have third party witnesses personally observed the domestic abuse? If so, can the witnesses provide compelling and credible testimony?
Regarding witness testimony, is CYFD willing to testify about abuse? If so, has CYFD substantiated allegations of abuse/neglect? If yes, does CYFD believe:
- That an act of abuse has occurred; and
- The alleged abuser poses an immediate threat of harm to the alleged victim(s)?
Finally, a restraining protection order’s length can be impacted by the courthouse and hearing officer. Not all courthouses and hearing officers are created equally.
For instance, some courthouses have a lower threshold for finding a sufficient basis to enter a temporary order of protection. In other words, some courthouses lean on the side of caution when entering a temporary restraining order. Conversely, other courthouses are more restrictive and routinely dismiss requests for order of protections.
Lastly, the hearing officers within each courthouse vary. Some hearing officers primarily represented victims before being appointed as a hearing officer. Other hearings officers worked for Child Support Enforcement Division (CSED). Others were private attorneys that equally represented both sides. In other words, each hearing officer has a unique background. Consequently, this unique background creates unique perspectives and opinions.
RESTRAINING ORDER OF PROTECTION INVOLVING CHILDREN
Are children involved with your restraining order of protection? When an order of protection is entered, the order can include a section that controls child legal custody and parental visitation. The child full custody and parental visitation portion of a restraining order is valid for six months.
In other words, the domestic violence division has the power to enter a six-month, temporary child custody and parental visitation order when an order of protection is entered.
HOW DO I RENEW/EXTEND A RESTRAINING ORDER OF PROTECTION?
A restraining order of protection can be extended by filing an application to modify, terminate, or extend order of protection. For extensions, the application includes a request to extend the protection order. In doing so, a basis must be provided for extending the order.
For instance, the party requesting an extension must demonstrate new allegations of abuse, or a continuing threat of harm. Alternatively, an extension can be grated when the same underlying issues exist, creating a continuing threat of harm.
With that said, most requests for extensions are denied. When the extension is denied, a new petition can be filed when/if new acts of abuse occur.
HOW DO I CANCEL A RESTRAINING PROTECTION ORDER?
At times, the person receiving a restraining order decides to cancel/terminate the order. To do so, the person must file an application to modify, terminate, or extend order of protection. Specifically, the petitioner requests to terminate the existing order before its expiration date.
In doing so, the petitioner provides reasons for terminating/ending the order. When this occurs, an order of dismissal is usually entered that ends the protection order.
TOP RESTRAINING ORDER OF PROTECTION ATTORNEY OR LAWYER
Do you have questions about a restraining order of protection in New Mexico? If so, Matthew Legan Sanchez has handled restraining orders for over a decade. During this time, Sanchez has handled domestic violence and restraining orders all across New Mexico, including Raton, Estancia, Santa Fe, Los Lunas/Belen, Rio Rancho, and Albuquerque. Call (505) SANCHEZ today.
