Are you curious if Kim Kardashian can get a restraining order of protection against Kanye West? If so, you are probably interested in Kim Kardashian and Kanye West’s recent divorce drama. As you may know, the former couple’s dramatic divorce peaked last week. At the height of the drama, Kardashian was declared legally single, despite an unresolved divorce.
By now, you probably know that West has a flair for the extraordinary. In West fashion, the divorce has been a roller coaster of emotions. To recap, West has recently:
- Posted multiple statements about Kardashian’s current boyfriend, Pete Davidson.
- Released statements that allegedly threaten to attack Kardashian’s boyfriend.
- Posted comments that allegedly attack Kardashian’s parenting.
- Released personal text messages from Kardashian.
- Released a new music video – Eazy – that shows Kardashian’s boyfriend decapitated and buried alive.
In response to these actions, Kardashian claims to have suffered “emotional destress.” West’s actions have the internet fuming with outrage. Across the web, many people are calling West’s actions toxic and abusive.
This all begs the question: “Can Kardashian get a restraining order of protection against Kanye West?” Let’s unpack this question.
CAN KIM KARDASHIAN GET A RESTRAINING ORDER OF PROTECTION AGAINST KANYE WEST?
In New Mexico, an order of protection is filed and granted under the Family Violence Protection Act (FVPA). The person requesting protection order must show:
- An act of abuse occurred; and
- The abuse creates an immediate threat of future harm.
This raises the question: “Are West’s actions towards Kardashian abusive.” Under the FVPA, the following acts are classified as abusive:
- Severe Emotional Distress;
- A threat causing imminent fear of bodily injury by any household member; and
- Harassment.
Arguably, West’s actions could fall under any of the three acts of abuse outlined above.
FILING A RESTRAINING ORDER OF PROTECTION
Let’s analyze West’s actions from an Albuquerque point of view. In Albuquerque, restraining protection order is filed with Second Judicial District Courthouse’s Domestic Violence Division. A temporary order of protection (TRO) is granted when the alleged facts demonstrate probable cause that domestic violence occurred.
Usually, Albuquerque courts lean on the side of caution when entering a TRO. Because of this fact, in Albuquerque, Kardashian would probably get a TRO against West.
A TRO lasts until a hearing is held. Under NM law, this hearing must take place within 10 days from the date that the TRO is granted. With that said, this 10-day requirement is usually extended for “good cause.”
The TRO prevents the alleged abuser from contacting or coming within 100 yards of the alleged victim. Additionally, the TRO often grants sole legal custody when children are involved.
In Albuquerque, Kardashian would likely get a TRO against West. Moving forward, a hearing would likely take place within 30 days. In the meantime, Kardashian would probably get sole legal custody of the children, until a hearing took place.
WOULD KIM KARDASHIAN GET A PERMANENT RESTRAINING ORDER OF PROTECTION?
As we have seen, Kardashian would likely get a TRO. With that said, a hearing would take place to determine if a “permanent” order of protection is granted. At this hearing, both sides would present testimony, witnesses, and evidence to support their position. In other words, West would argue that the TRO should be dismissed. In response, Kardashian would argue that an act of abuse occurred, and an order of protection is needed to prevent future abuse.
Ultimately, the assigned Judge or Hearing Officer would determine if a “permanent” order of protection is entered. Legally, “permanent” is misleading and usually means one year.
In New Mexico, the person requesting protection order has the burden of proof. This means that the person requesting protection order must prove that an act of abuse occurred. In this situation, the burden is preponderance of the evidence – which basically means “more likely than not.” Therefore, Kardashian would need to show, by a preponderance of the evidence, that:
- An act of abuse occurred; and
- This act creates an immediate threat of future harm.
Ultimately, the Judge or Hearing Officer would make the final call. If granted, the protection order would probably last for one year. Because children are involved, the protection order could cover issues related to child legal custody and parental visitation for six months.
BEST RESTRAINING ORDER OF PROTECTION ATTORNEY OR LAWYER IN NEW MEXICO
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.
