FAQ

Do I Need a Lawyer for Domestic Violence or Restraining Order?

 

Are you wondering, “Do I need a lawyer for domestic violence or restraining order in Albuquerque, NM?”

If so, you’re not alone.

For several reasons, family violence is becoming an increasingly serious and common issue in New Mexico.

It has been said that bad luck comes in threes.

One month life is great.  The next month you’re overwhelmed by several stressful situations that hit at once.  For example, sometimes divorce, child custody issues, and domestic violence happen at the same time.

Consequently, you find yourself searching for a domestic violence attorney or lawyers.

Here are some aspects to consider when researching, “Do I need a lawyer for domestic violence or restraining order?”

 

PROTECTED OR RESTRAINED PARTY?

 

First, are you the protected or restrained party?

The restrained party (i.e., alleged abuser) usually needs a lawyer.  At a minimum, the restrained party needs to immediately speak with an experienced domestic violence attorney.

Conversely, with criminal cases, the protected party (i.e., alleged victim) is usually represented by the state.  In other words, with criminal charges, an attorney for the state usually represents the protected party.

Both restraining orders and criminal charges carry serious consequences.  Consequently, it is essential to speak with a tested and trusted family abuse attorney.

 

CRIMINAL OR CIVIL CASE?

 

Is your domestic violence case criminal or civil?  In other words, are you facing a criminal charge for battery against a household member.

Alternatively, are you facing criminal charges for criminal damage to property, or violating a restraining order?

On the other hand, are you facing a restraining order of protection. If so, restraining orders are filed through the civil, domestic violence court.

In criminal court, alleged victims are represented by a state attorney.

In civil court, neither party is entitled to legal representation. As such, it is essential for both the protected party and restrained party to immediately speak with an experienced restraining order attorney.

 

DEALING WITH ATTORNEYS & JUDGES

 

At times, attorneys and judges seem to speak a different language.  Legal terminology can be procedurally complex and multifaceted.

Therefore, it can be stressful dealing with attorneys and judges.  This stress is enhanced when confronted with overlapping courts and cases.

For instance, sometimes criminal charges overlap with civil restraining orders.  Moreover, the criminal or civil cases may overlap with a divorce or custody case.

These overlapping courts and cases can cause confusion and uncertainty.  Therefore, it is always essential to speak with an experienced domestic violence attorney that understands how the various courts interact and impact one’s case.

Specifically, your criminal case may impact your restraining order.  Moving forward, your restraining order can impact your custody and timesharing case.

Consequently, you need to speak with a reliable family abuse lawyer that understands the interplay between criminal and civil courts.

 

BUFFER BETWEEN YOU AND YOUR EX

 

A restraining order attorney also serves as a buffer between you and your ex.

You may be forced to interact with you ex if you appear at a restraining order hearing without a lawyer.

In this situation, you may be forced to cross-examine, or question your ex.  Cross examination involves asking questions that uncover key facts and issues.

For example, you may need to ask questions about your ex’s testimony or claims.  Moreover, you may need to ask questions about evidence or allegations.

Dealing with your ex can be a harrowing and stressful life event.

A restraining order attorney can help to alleviate this stress.  In doing so, the family abuse lawyer can serve as a buffer between you and your ex.

 

TELLING YOUR STORY

 

Your story and life are unique.

Your case facts and evidence are unique.

A domestic abuse lawyer can also help tell your unique story.

First, the family violence lawyer helps uncover your timeline.  Next, an experienced domestic dispute attorney helps your hearing officer or judge understand why a restraining order is essential.

Finally, an experienced litigator helps to uncover essential evidence.  Moving forward, legal counsel helps to get this essential evidence admitted into court.

A seasoned trial attorney helps you tell your story in a way that moves your judge.

 

FIGHTING FALSE ALLEGATIONS OF ABUSE

 

Each domestic violence case is different.

Some cases involve legitimate allegations of abuse.

On the other hand, some cases involve false allegations.  At times, false allegations are raised to achieve an advantage with a custody or divorce case.

An experienced domestic violence attorney can help you fight bogus allegations of abuse.

Your case is unique.  As such, your unique timeline, case facts, or evidence can be used to fight false allegations of abuse.

Watch this video for more information on fighting false allegations of abuse.

 

 

LITIGATION TIME AND STRESS

 

It has been said that people fear public speaking more than death.  Litigation combines public speaking with complex legal procedure, technical evidentiary rules, and interacting with your ex.

In other words, litigation can be extremely stressful.  Moreover, litigation can be time-consuming and confusing.

A seasoned trial attorney shoulders this stress.  Your attorney handles communicating and questioning your ex.

Your legal counsel deals with legal procedure, filing deadlines, and complex rules of evidence.

An Albuquerque domestic violence attorney helps to reduces stress.  Consequently, you can focus on positive aspect of life – rather than complex legal terminology, rules, and procedure.

Trials and litigation can be life-altering.  A tested trial attorney can help you weather the storm.

 

DOMESTIC VIOLENCE RESTRAINING ORDER LAWYER/ATTORNEY NEAR ME

 

Are you searching for one of the best domestic violence restraining order lawyers/attorney in Albuquerque, NM?

If so, you have come to the right place.

Matthew Legan Sanchez has handled the most severe and complex domestic violence cases in New Mexico.  For over thirteen years, Sanchez has handled criminal and civil abuse cases across the state.

Does your domestic violence case involve child custody or divorce issues?  Do you have a domestic violence case that involves criminal and civil courts?

If yes, you need an attorney that understands how criminal charges and restraining orders can impact custody and divorce issues.

Call a hard-hitting restraining order of protection attorney/lawyer.

Call (505) SANCHEZ today.

 

Matthew Legan Sanchez

Share
Published by
Matthew Legan Sanchez

Recent Posts

Custody Made Clear: The Crucial Role of a Thoughtful Child Custody Agreement

  In family law, there is a pivotal agreement that plays an essential role in…

1 week ago

Protecting Your Privacy: Essential Tips for Navigating a Divorce in New Mexico

  Facing a divorce is undoubtedly a challenging time, especially when it comes to protecting…

3 weeks ago

Navigating Divorce Proceedings: Tips on Avoiding Common Divorce Mistakes in New Mexico

  Do you want to avoid common divorce mistakes in Albuquerque, New Mexico?  Going through…

4 weeks ago

How a Child Guardianship Attorney in Albuquerque, NM Makes a Difference

  In today's world, ensuring the protection and well-being of children is crucial. A child…

1 month ago

Empowering Yourself: Recognizing Abuse and Getting a Restraining Order

  Are you feeling trapped and powerless in an abusive or dangerous situation? If so,…

1 month ago

The Ins and Outs of Uncontested Divorce in Albuquerque, NM: What You Need to Know

  Are you considering an uncontested divorce in Albuquerque, New Mexico? Whether you're looking to…

2 months ago