4 Ways To Protect Your Children From An Abusive Partner

 

This guide provides information on how to protect your children from an abusive partner in Albuquerque, New Mexico.

Sadly, domestic violence is a serious issue that is rising in New Mexico.  To make matters worse, children are often caught within the tsunami of family abuse.

Are you living in New Mexico and are concerned about protecting your children from an abusive partner?  If so, there are resources available to help.

At times, this help may include seeking legal assistance, counseling services, or creating an action plan. Remember, you are not alone and there are people who can help you and your children escape the abusive cycle.

Now, let’s uncover four ways to protect your child from an abusive partner in Albuquerque, NM.

 

POLICE

 

In Bernalillo County, Albuquerque Police Department (APD) is the usually quickest resource to address active or ongoing domestic abuse towards a parent or child.

For recent or active abuse, the police often respond by appearing at your home.  In doing so, the police investigate the claims of domestic violence or child abuse.

Are there two sides to the story?  If yes, the responding officer typically investigates the claims.  After doing so, the officer determines which side was the “primary aggressor.”

Once completed, the officer may determine that an arrest is appropriate.  Through an arrest or otherwise, the primary aggressor may face criminal charges.  In Albuquerque, child abuse or domestic violence charges usually flow through the Metropolitan Courthouse.

In most situations, domestic violence charges usually come through a criminal summons.  This summons usually arrives in the mail.

In other words, usually a criminal case begins through a summons rather than being arrested, hand-cuffed, and then booked into the Metropolitan Detention Center.

Has a criminal case been filed?  If so, the criminal charge likely will prevent contact and communication between the abuser and victim.

Was the victim a child?  If yes, the court can enter a condition of release that prevents communication or visitation between the abuser and child.

However, the flow from police involvement into criminal court usually happens with fresh, or active abuse.  For example, police often become involved with actively and ongoing violence — or violence that occurred minutes or hours ago.

For past abuse, police likely will “punt” the issue to either CYFD or a restraining order.  In other words, police generally only become involved with active or very recent acts of domestic violence.

 

CYFD — PROTECTING CHILDREN FROM AN ABUSIVE PARTNER

 

CYFD generally becomes involved with recent, but not active abuse.  For instance, CYFD likely will address abuse that occurred several days, or weeks ago.

After the initial report, CYFD investigates the allegations.  Depending on the severity, CYFD can issue a safety plan – or 48-hour hold – placing the child with a third-party caretaker.

In other situations, CYFD investigates the allegations.  This investigation usually takes several weeks to unfold.

Meanwhile, CYFD generally defers alleged victims to family court.  In this case, victims may be referred to the domestic violence division, to request a restraining order of protection.

In other words, CYFD generally prefers for family court to determine custody and visitation.

Does a custody or visitation order already exist?  If so, victims usually are referred to family court to establish or modify an existing custody and visitation order.

Check out this video, for more information on restraining orders involving CYFD.

 

 

RESTRAINING ORDER OF PROTECTION

 

Are you the victim of domestic abuse?  In New Mexico, the most common and immediate way to protect your children from an abusive partner is to request a restraining order of protection.

The family court’s domestic violence division deals with recent acts of abuse.  In Albuquerque, the DV Division is located within the Second Judicial District Courthouse.

In Rio Rancho, a restraining order is filed through the Thirteenth Judicial District Courthouse.

As mentioned, the restraining order process usually deals with recent abuse.  In this case, “recent” usually means abuse that has occurred within the past three months.

Have you suffered abuse within the last three to six months?

Is the abuse escalating, or getting worse?

Does the abuser pose an immediate threat of harm to you or your child?

If yes, you can request a restraining order of protection.  If granted, the protective order can prevent the abuser from contacting or coming around you or your child.

When children are involved, the restraining order can also control custody and visitation for six months.

Check out this video for more information on how to file a restraining order of protection in Albuquerque, New Mexico.

 

 

EMERGENCY MOTION FOR EX PARTE ORDER

 

Is your ex abusing you or your child?  Alternatively, does your ex have a mental, physical, or emotional issue that poses an immediate threat of harm to your child?

If yes, were you denied a restraining order of protection?  Finally, do you have an existing custody or timesharing order?

Here, you can file an emergency motion to modify custody or timesharing.  In other words, you can request the family court to intervene when the police, CYFD, or restraining order process decline to become involved.

In doing so, the emergency motion requests an ex parte order (meaning an emergency order without a hearing).

Do you have a valid and enforceable timesharing order?  If so, if all else above has failed, then you can file an emergency motion to modify custody or timesharing.

The court can enter an order that grants one parent sole legal custody.

The court can determine communication and visitation in the child’s best interests.

In other words, sometimes the best way to protect your child from an abusive partner is to file an emergency motion within your existing custody case.

 

ALBUQUERQUE CHILD CUSTODY ATTORNEY NEAR ME

 

Are you the victim of family violence or abuse?  For over a decade, Sanchez has handled complex custody and domestic violence cases.

Sanchez routinely handles divorce or child custody cases involving restraining orders.

No case it too complicated.

You need an experienced domestic violence, divorce, and child custody attorney standing by your side.

Call (505) SANCHEZ today.