What Do You Need to File a Restraining Order of Protection?

 

Domestic violence and mental health issues are rising across New Mexico.  In turn, family violence victims are increasingly seeking restraining orders to protection for future harm.

Here’s what you need to file a restraining order of protection in Albuquerque, NM.

 

FILE RESTRAINING ORDER WITH DISTRICT COURT WHERE YOU LIVE

 

First, you need to file the restraining order with the District Court where you live.  Specifically, you need to complete the petition/request with District Court in your county.  For example, Bernalillo residents file with Second Judicial District Court.  Alternatively, Sandoval residents file with Thirteenth Judicial District Court.

Do you need to file a restraining order of protection in Albuquerque?  If yes, then you would file the restraining order with Second Judicial District Court.

Second Judicial is located at 400 Lomas Blvd NW, Albuquerque, NM 87102.

The restraining order of protection can be filed with Second Judicial between 8:30 to 10:30 A.M. and 1:00 to 3:00 P.M.

When arriving at Second Judicial, take the stairs or elevator to the second floor.  Then, turn left and walk to the DV Division.  A DV support staff can assist you completing the necessary paperwork.

 

COMPLETING PAPERWORK — WHAT DO YOU NEED TO FILE A RESTRAINING ORDER OF PROTECTION?

 

It often takes several hours to complete the restraining order of protection process.  According to support staff. The process usually takes about three to four hours.

There are several necessary steps to complete the process.

First, the victim completes the restraining order of protection packet.

Second, the DV support staff reviews the request.  The staff then sends the request to a Hearing Officer’s administrative assistant for review.

Third, of the six Hearing Officers on rotation reviews the request.  This review takes place between the Hearing Officer’s scheduled hearings.

Fourth, one of four judges reviews the request.  Does the request demonstrate probable cause that an act of abuse occurred?  If so, the judge approves the request.  In doing so, the judge enters a Temporary Restraining Order of Protection and Order to Appear.

As you can see there are several necessary steps to complete the process.  Accordingly, the process usually takes about three to four hours to complete.

 

YOU NEED A VALID ADDRESS TO SERVE THE ALLEGED ABUSER

 

Alleged abusers are entitled to notice of the allegations, orders, and hearing date.

In Albuquerque, the Bernalillo County Sheriffs Office (BCSO) usually serves the alleged abuser with the necessary paperwork.  With that said, the BCSO Officer needs an accurate address to serve the restrained party with the requisite documents.

At the initial hearing, failing to properly serve the restrained party results in the hearing being continued.  At subsequent hearings, failing to provide the essential notice/service often leads to the case being dismissed.

In other words, you must properly serve the restrained party with all temporary orders before a protection order can be entered.  Failing to properly serve these court documents often leads to the case being dismissed.

 

EVIDENCE THAT SUPPORTS RESTRAINING ORDER OF PROTECTION

 

Have you received a Temporary Restraining Order? If so, you likely also received an Order Regarding Exhibits.  This Order outlines the deadlines for submitting proposed evidence.

Failing to meet deadlines could result in the evidence being denied.

Therefore, it’s essential to consider the evidence that supports your claim of abuse.  For example, do you have evidence that supports your claims of abuse?  This evidence includes:

• Witnesses that personally observed the abuse;
• Video/audio recordings of abuse;
• Text messages or emails; or
• Pictures.

It is essential to follow the Order Regarding Exhibits.  Failing to follow the Order could be the difference between a restraining order being entered or dismissed.

 

YOU NEED TO UNDERSTAND HOW THE RESTRAINING ORDER PROCESS WORKS

 

Although each case varies, restraining orders follow a systematic process.  First, a petition/request is filed.

Second, the request is either denied or temporary orders are entered.

Third, the alleged abuser must be served with notice.

Fourth, evidence must be submitted according to the Order Regarding Exhibits.

Fifth, a hearing is usually held within 10 days.  This hearing is usually held before a Hearing Officer/Special Commissioner.

Watch this video for more information on the restraining order process:

 

UNDERSTAND HOW A RESTRAINING ORDER CAN IMPACT CHILD CUSTODY OR PARENTAL VISITAITON

 

Are children involved with the restraining order?  If so, then you also need to know how a restraining order can impact child custody and parental visitation.  CYFD is usually involved with restraining orders involving children.

When CYFD is involved, the assigned investigator is a necessary witness.  The CYFD investigator usually testifies about the following:

• How CYFD became involved;
• The severity of the allegations;
• Details of the investigation;
• Evidence uncovered during the investigation; and
• Impressions or beliefs formed based on the evidence and investigation.

CYFD’s testimony is crucial.  In fact, CYFD’s testimony is often the tipping point between a restraining order being entered or dismissed.  Hearing Officers are particularly concerned when the CYFD investigator testifies that:

1. The investigator believes that an act of abuse occurred; and/or
2. One parent poses a danger to the child or other parent.

It is highly likely that a protective order will be entered when CYFD states one and two above.

Watch this video for more information on how a restraining order impacts child legal custody or parental visitation:

 

SPEAK WITH AN EXPERIENCED RESTRAINING ORDER ATTORNEY

 

Are you wondering if you must have an attorney for your restraining order hearing?  No.  You are not required to have the best lawyer represent you at the restraining order hearing.  However, not being required to have a top lawyer does not mean that you don’t need to have a top lawyer.

At a minimum, you should always speak to the best attorney before filing a restraining order.  You see, restraining order routinely backfire.

All too often a person files a restraining order without understanding the counter claims or potential impact of filing the protective order.

For example, possibly a child is involved, and a parent is seeking sole child legal custody.  A parent then rushes to the courthouse to file a weak restraining order.  A temporary order is entered and a hearing is set.  Next, the alleged abuser files a counter petition.  In doing so, the alleged abuser lists actual and concerning abuse that has occurred.

At the hearing, the alleged abuser (counter-petitioner) is represented by the best lawyer.  Alternatively, the alleged victim appears without a lawyer.

After hearing the testimony and evidence, the Hearing Officer enters an order of protection on behalf of the alleged abuser (counter-petitioner). In doing so, the Hearing Officer enters a temporary child custody and parental visitation order.  This temporary child custody order then impacts the parties’ status quo visitation.  Moving forward, the temporary order has a long-term impact on visitation.

Long story short, always speak with the best attorney before filing a restraining order.  When children are involved, protective orders can backfire and have long term consequences.

 

WHAT YOU DON’T NEED TO FILE A RESTRAINING ORDER IN NM

 

So far, we’ve looked at what you need to file a restraining order in NM.  Now, let’s turn the corner and examine what you don’t need.

First, a request for protection order does not require a filing fee. You see, the Family Violence Protection Act states that an alleged victim of domestic abuse is not required to pay for filing the request.

Moreover, family violence victims are not required to pay BSCO to serve the court orders.

You are not required to be represented by the lawyer.  Nevertheless, depending on your case’s facts and potential consequences, you may need to be represented by the lawyer.

In other words, the difference between winning or losing your case could hinge on competent and experienced legal representation.

Finally, you do not need computer access to file a restraining order.  A protective order can be filed with at the District Court in your county without a computer.

 

TOP FAMILY VIOLENCE ATTORNEY NEAR ME

 

Are you wondering, “What do you need to file a restraining order of protection?” If so, the protective order process can be technical and stressful.  In this regard, confronting an abusive family member or former loved one can be a harrowing experience.  The best family and domestic violence attorney can be the difference between success or failure.  You and your family deserve the best family violence lawyer in New Mexico.  You deserve (505) SANCHEZ.