Are you wondering how to file a restraining order of protection in New Mexico? If so, the most important step is understanding the restraining order process. Under the family violence protection act, you can request a restraining order when:
- An act of abuse was commited;
- By a household member; and
- That person poses an immediate threat of future harm.
Can you meet these requirements? If so, then you should request a restraining order of protection. In doing so, you need to file the request in the district courthouse in your county. Do you live in Albuquerque? If yes, then you can file your request with Second Judicial District Court.
Alternatively, do you live in Rio Rancho? If so, then you can to file your request with Thirteenth District Court.
Based on the information in your petition (“request”), the court may enter a Temporary Order of Protection. This Temporary Order will announce the date and time of a future hearing. Legally, this hearing must happen within ten days. However, usually this hearing is extended for “good cause shown.”
ORDER OF PROTECTION ATTORNEY/LAWYER IN ALBUQUERQUE
In most cases, your hearing is covered by a Special Commissioner (Hearing Officer). This Hearing Officer decides if a “permanent” Order of Protection is entered. With that said, “permanent” usually means one year. In other words, most “permanent” order of protections last for one year.
Most order of protection hearings involve the following:
- The Hearing Officer listens to both sides;
- Evidence and witnesses are considered;
- CYFD may testify; and
- The Hearing Officer decides if an order of protection should be entered.
Your Hearing Officer makes the final decision. In doing so, the Hearing Officer decides if the evidence shows by a “preponderance of the evidence” that an act of abuse occurred. Additionally, the restraining order must be necessary to prevent a threat of future harm.
Are children involved with your restraining order? If so, then it is important to understand how CYFD impacts restraining orders.
Has your ex filed a bogus restraining order? If so, you should understand how to beat a false order of protection. Additionally, you should understand how restraining orders impact your divorce in New Mexico.
Based on this information, are you wondering, “Do I need a restraining order attorney?” No. You are not required to hire a restraining order attorney/lawyer. With that said, at a minimum, it is always essential to consult with an experienced attorney before your hearing.
Have you decided to file a restraining order. If so, consider these tips for filing a restraining order in New Mexico.
HOW TO FILE A RESTRAINING ORDER IN ALBUQUERQUE, NM?
Are you confused about how to file a restraining order in New Mexico? Rest easy, Matthew Legan Sanchez has handled restraining orders for over a decade. Sanchez has handled restraining orders across New Mexico, including Raton, Estancia, Santa Fe, Los Lunas/Belen, Rio Rancho, and Albuquerque. Call (505) SANCHEZ today.
How to File a Restraining Order of Protection in New Mexico?
