Order of Protection Attorney in Albuquerque
EXPERIENCED RESTRAINING ORDER OF PROTECTION ATTORNEY IN ALBUQUERQUE
You’ve found the right Order of Protection attorney in Albuquerque, New Mexico. An Order of Protection in Albuquerque is an order issued by a court and signed by a judge to protect you from harassment or abuse. A NM judge can set limits on your partner or household member’s behavior with an Order of Protection.
Orders of Protection, or Restraining Orders as they are commonly called, are important tools in protecting you against all forms of domestic violence, abuse, and harassment.
Family law cases, particularly divorce and child custody cases, can be highly emotional. Family law matters often create an extremely volatile time for the parties and children. Everyone reacts differently to a divorce or breakup.
Most people experience some feelings of sadness, anger, anxiety, frustration, and depression. Domestic violence is never acceptable. If domestic violence occurs during your custody or divorce case, you should immediately contact your local police to report the incident of abuse. You may also consider filing an Restraining Order to protect yourself from further abuse.
WHAT DOES A RESTRAINING ORDER GUARD AGAINST?
The specific details of an Order of Protection vary with each case. An Order of Protection generally serves to protect an individual from domestic violence and threats of abuse. Restraining Orders can provide the following protection:
- Ordering the Respondent to stay away
- Preventing the Respondent from contacting you by phone, mail, electronically, or other means
- Forcing the Respondent to move out of the home
A Restraining Order is available when there is an act of domestic violence or abuse against a household member. Household member is broadly defined and can include anyone with whom you have had a continuing relationship. If granted, the Order of Protection requires that the Respondent stay away and remain out of contact with the victim.
The Order is usually valid for a year, unless modified or dismissed by the court. The Respondent can be arrested for violating the Order. The Court can also order that the Respondent not possess, receive, or purchase firearms or ammunition while the Order is in place.
WHAT IS THE DIFFERENCE BETWEEN A TEMPORARY AND PERMANENT ORDER OF PROTECTION?
A temporary Order of Protection, or TRO, is issued when a New Mexico court finds probable cause to believe that an act of domestic abuse has occurred under the Family Violence Protection Act. The Temporary Order is an ex parte order (i.e. an order issued without a hearing).
The temporary order remains in effect until the scheduled hearing, where a Special Commissioner listens to the evidence and determines if an act of abuse occurred that warrants a permanent order being issued. If granted, this “permanent” order extends the temporary order by generally six months to one year.
According to New Mexico law, the initial hearing must take place within 10 days after the temporary order is granted. Although a temporary order is only valid until the hearing takes place to determine if an act of abuse occurred, it is still a binding and enforceable court order. Once served with the temporary order, the restrained party will be held in contempt of court for violating the terms of the temporary order. This means that the restrained party is prevented from having any contact whatsoever with the protected parties, until the temporary order is either dismissed or extended by the Special Commissioner.
FAQs FOR ORDER OF PROTECTION IN ALBUQUERQUE NEW MEXICO
WHAT DO I NEED TO PROVE TO THE COURT TO OBTAIN A TEMPORARY ORDER OF PROTECTION IN ALBUQUERQUE, NEW MEXICO?
The facts listed in the Petition must demonstrate probable cause to believe that an act of abuse has occurred. Generally speaking, this means that based on the claims listed in the Petition, a reasonable and objective third party would believe that an act of abuse occurred. In practical effect, the court leans on the side of caution and generally issues a Temporary Order, weighing the interest of protecting a potential victim higher than the civil liberties of the restrained party, which are only affected temporarily.
WHAT HAPPENS ONCE THE COURT GRANTS THE TEMPORARY ORDER OF PROTECTION?
Once a Temporary Order is granted, a hearing to determine whether a Permanent Order (“Permanent” generally meaning six months to one year) will be set by the court clerk. According to New Mexico law the hearing must be set within 10 days. Nevertheless, due to the overflow of cases this 10 day requirement is often extended by the court, citing “good cause” to extend the hearing. The court clerk will also provide the filing party with a copy of the Temporary Order for his or her records, and an extra copy for service upon the restrained party. The Petition, Temporary Order, and Notice of Hearing must then be personally served on the restrained party. The hearing cannot go forward unless the restrained party receives proper notice – by being personally served with the requisite documents.
HOW MUCH DOES IT COST TO FILE A PETITION FOR ORDER OF PROTECTION IN ALBUQUERQUE, NEW MEXICO?
An alleged victim of domestic abuse shall not be required to bear the cost of the filing, issuance or service of an order of protection. In other words, there is no cost.
HOW DO I GO ABOUT GETTING CHILD SUPPORT?
Child support commonly beings in the form of one parent filing a Petition to Establish Paternity, Custody, Timesharing and Child Support. Once parentage is established, the court will set the appropriate custody & timesharing arrangement and child support.
CAN THE SHERIFF SERVE MY RESTRAINING ORDER ON THE PERPETRATOR OF DOMESTIC VIOLENCE?
Yes. By New Mexico law, the sheriff is obligated to serve family law restraining orders on the responding party free of charge, under NMSA § 40-13-3.1.
WHAT HAPPENS DURING THE HEARING FOR AN ORDER OF PROTECTION?
Both sides are permitted to present testimony relating to the alleged acts of domestic abuse that are outlined in the Petition. The assigned Special Commissioner, listens to arguments, weighs any evidence that is introduced, and determines if he or she believes that by a preponderance of the evidence (meaning more likely than not) an act of abuse has occurred under the Family Violence Protection Act.
CAN THE COURT MAKE CHILD CUSTODY OR VISITATION ORDERS IN A DV CASE?
Yes – provided that a Permanent Order is entered and the case is not dismissed. In this situation, the DV Court has jurisdiction to enter temporary child custody and visitation orders. Nevertheless, an Order of Protection granted by the court involving custody or support cannot exceed six months.
DOES THE COURT MAKE CHILD SUPPORT OR SPOUSAL SUPPORT ORDERS IN A DV CASE?
Yes. Nevertheless, and as stated above, the Order of Protection involving support cannot exceed six months.
DOES THE COURT ORDER FORCE THE OTHER PARTY OUT OF OUR FAMILY RESIDENCE?
Yes. The court has jurisdiction to award sole possession of the residence or household to the protected party during the period that the Order of Protection is effective. Alternatively, the court can order the restrained party to provide temporary suitable alternative housing for the protected party and any children to whom the restrained party owes a legal obligation of support.
WHAT ARE THE PENALTIES FOR VIOLATING AN ORDER OF PROTECTION IN ALBUQUERQUE, NEW MEXICO?
A restrained party convicted of violating an order of protection granted by a court under the Family Violence Protection Act is guilty of a misdemeanor. Such a violation is punishable in accordance with Section 31-19-1 NMSA 1978. Upon a second or subsequent conviction, an offender shall be sentenced to a jail term of not less than seventy-two consecutive hours that shall not be suspended, deferred or taken under advisement.
Restraining Orders are serious and can have serious long term consequences. Have you been served with a Petition for Order of Protection and Order to Appear? Are you facing a Restraining Order in Albuquerque, New Mexico. If so – you need an experienced attorney that will fight for your rights. You need to call Matthew Legan Sanchez at (505) SANCHEZ.
HOW DO I REQUEST A RESTRAINING ORDER IN NEW MEXICO?
A Petition for Order of Protection is filed with the appropriate family court, based on the city where you live. If you live in Albuquerque, New Mexico, then the Petition for Order of Protection must be filed on the second floor – Domestic Violence Division – of Second Judicial District Court. A Petition for Order of Protection may be completed with Second Judicial District Court during the weekdays from 8:30 AM to 10:30 AM & 1:00 PM – 3:00 PM. Unfortunately the wheels of justice spend slowly – so pack accordingly, and set aside a few hours of your day.
WHEN CAN I REQUEST AN ORDER OF PROTECTION IN ALBUQUERQUE?
In New Mexico a restraining order (also called an “Order of Protection”), involves household members and falls under the Family Violence Protection Act – NMSA 1978 § 40-13-2.
The process begins when an alleged victim of domestic abuse files a Petition for Order of Protection claiming that an act of abuse occurred such as:
- Physical or sexually abuse;
- Severe emotion distress;
- Bodily injury or assault;
- Threats;
- Trespassing;
- Stalking;
- Criminal damage to property;
- Repeatedly driving by a residence or place of work; or
- Harassment.
New Mexico courts often lean on the side of caution, entering a Temporary Order of Protection when a Petition for Order of Protection is filed. The person getting the restraining order is called the “protected person.” A hearing is then set to determine if an Order of Protection should be entered, based on the evidence.
The person the restraining order is against is the “restrained person.” Sometimes, restraining orders include other “protected persons” like children, family, or household members of the protected person.
WHAT CAN I DO TO HELP THE PROCESS?
You should keep a journal or description of the events with dates and facts demonstrating abuse. Keep a timeline of incidents involving violence, threats of violence, stalking, and harassment related to your case. Your timeline should contain examples of the other party’s unstable behavior, alcohol or drub abuse, violent behavior, or threats of violence. Possibly record threatening or abusive conversations. Save emails and texts that demonstrate abuse.
ORDER OF PROTECTION ATTORNEY IN ALBUQUERQUE THAT FIGHTS FALSE CLAIMS
Do you have a strained relationship with a former spouse, family member, or roommate? You may find yourself in the middle of a legal battle that has the potential to negatively affect your job security, finances, child custody or visitation rights.
Restraining Orders are often sought by spouses, family members, or roommates who claim to be the victim of abuse. Given the low difficulty and cost of requesting a Restraining Order, many Orders are based on false claims and fake stories.
The Order of Protection process is a civil process — not criminal. With this type of Domestic Violence case, your rights are different than in a criminal case. You cannot seek representation from the New Mexico Public Defenders for Orders of Protection. However, you need to seek the help of a skilled domestic violence and child custody attorney to fight the false claims of abuse.
In some situations, a Petition for Order of Protection is not used for its intended purpose – to protect a victim of domestic abuse. Instead, often the Petition is used as a tool to either gain leverage in another case, or to harass and annoy a family member or former spouse. In this respect, ex-boyfriends or girlfriends may be accused of stalking, harassment, or property damage by a vindictive former partner.
Divorcing spouses may use an allegation of abuse to gain an advantage in a custody dispute, or to force the other spouse out of the marital residence. Lastly, parents that are in the midst of a heated child custody dispute may claim abuse in order to obtain a temporary order that gives the alleged victim sole custody over the parties’ child[ren] until a hearing is held.
HOW DOES AN ORDER OF PROTECTION AFFECT MY RIGHTS?
An Order of Protection being granted against you can have devastating consequences on your liberty, livelihood, custody, residence, and right to bear arms. Unlike criminal court, you are not entitled to have an attorney appointed for you in civil court.
Have you been served with an Order of Protection and temporary order of protection and order to appear? Are you being wrongly accused, or want someone to fight on your behalf?
TESTED AND PROVEN ORDER OF PROTECTION ATTORNEY IN ALBUQUERQUE
For more information about New Mexico Order of Protection, contact an experienced and effective attorney today. Matthew Legan Sanchez is a top shelf Order of Protection attorney in Albuquerque that also servers Santa Fe County, Rio Rancho, Belen, Los Lunas, Grants, Estancia, Socorro, Taos, New Mexico.
Sanchez is an Order of Protection Attorney in Albuquerque that provides the highest level of representation. Don’t roll over when you’ve been hit with a false Restraining Order. Stand up and call an attorney that will fight for you. Call (505) SANCHEZ to schedule a confidential consultation regarding claims of abuse, or false charges.
