Are you facing a contested and uncontested divorce in New Mexico? If so, are you also facing allegations of abuse or domestic violence? On the other side, are you the victim of abuse and are searching for a domestic violence or assault lawyer? In either case, a restraining order of protection can significantly impact your New Mexico divorce.
Sadly, divorce and domestic abuse often go together. All too often, the negative emotions of a divorce or marital separation explode into anger or rage. When this happens, family abuse often results from the tornado of negative emotions.
Let’s explore how a restraining order of protection impacts your New Mexico divorce.
RESTRAINING ORDER OF PROTECTION WITHOUT CHILDREN
There are two groups of restraining orders and divorce. The first group involves a divorce without children. The second group includes a divorce with children.
A divorce without children requires a Marital Settlement Agreement (“MSA”) that divides community assets/debts. A restraining order of protection being entered impacts security clearances and gun rights. The order of protection can also impact a residential lease or employment. Nevertheless, a protection order does not significantly impact other MSA issues.
For example, New Mexico is a community property state. Accordingly, most property and debt incurred during the marriage is evenly split upon divorce. A protective order typically does not impact the distribution of assets or debts.
New Mexico is also an alimony state. Moreover, alimony is covered within the divorce’s MSA. Alimony is based on several factors. However, fault is not a factor that can be considered when determining the appropriate level of alimony/spousal support. Because of this fact, a restraining order of protection is not a factor that impacts alimony.
In other words, a restraining order of protection will not significantly impact the financial aspects of a New Mexico divorce.
HOW A RESTRAINING ORDER OF PROTECTION IMPACTS DIVORCE IN NEW MEXICO
A restraining order being entered can impact your marital home. For instance, most temporary restraining orders (“TROs”) force one side to leave the martial home. Also, the TRO usually prevents contact or communication.
At times, a spouse requests a protective order to evict the other side from the marital home. Often, the protective order is filed before the divorce. When this happens, the person requesting the protective order may change the home’s locks. The divorce is then filed after the home’s locks are changed. At that point, the spouse in the home requests a divorce.
This sequence of events forces one spouse out of the home before a divorce and temporary domestic order (“TDO”) are filed. You see, the TDO freezes the status quo and prevents major changes – such as forcing a spouse out of the home and changing the locks. However, a spouse is not violating the TDO when the events occur before the TDO is entered and served on the other side.
In other words, at times, a restraining order is strategically filed to force one’s spouse out of the martial home before a TDO is filed and served. Because of this fact, it is crucial to avoid any behavior that can be labeled as abusive. Examples of abusive behavior include:
- Insults;
- Threats;
- Harassment;
- Damaging property;
- Offensive or aggressive touching; and
- Threats of self-harm or harming others.
Any of these actions could result in a protective order being entered. In turn, this protective order could force you out of the martial home.
Moral of the story: avoid abusive actions when you are facing a divorce. Failing to heed these words may result in a restraining order of protection being entered. As a result, this restraining order likely evict you from your martial home.
HOW A RESTRAINING ORDER OF PROTECTION IMPACTS DIVORCE AND CHILD FULL CUSTODY AND PARENTAL VISITATION
A restraining order of protection can significantly impact your child full custody and parental visitation case. In New Mexico, every divorce with children requires a Parenting Plan (“PP”). The PP covers child legal custody, parental visitation, and child support.
At times, protection orders are filed before a divorce or marital separation to strengthen one’s child legal custody or parental visitation case. You see, domestic violence is a major factor that impacts a judge’s ultimate decision regarding child full legal custody and parental visitation. In fact, family violence or abuse may be the biggest factor that impacts a judge’s decision about a child’s best interests.
You see, NM judges have a duty to protect children. Accordingly, judges often lean on the side of caution when initially entering a child full custody and parental visitation order.
A restraining order of protection being entered often leads to limited visitation. Additionally, the protective order often requires supervised visitation. In turn, the limited visitation establishes the case’s momentum. This momentum often impacts the child legal custody and parental visitation case’s long-term results. In other words, a protective order leaves a bad smell that lingers with your child legal full custody and parental visitation case. Consequently, this smell often haunts your child legal full custody and parental visitation case moving forward.
BEST DOMESTIC VIOLENCE LAWYERS OR ATTORNEYS IN ALBUQUERQUE, NEW MEXICO?
Are you facing a divorce or marital separation and searching for the best family violence lawyer or attorney? If so, likely family violence or abuse is present within your marriage or relationship. You need an experienced domestic abuse and assault attorney/lawyer for your divorce or child custody case.
Do you have questions about about how a restraining order of protection impacts divorce and child custody? For over a decade, Matthew Legan Sanchez has handled divorce and child legal custody cases that involve protective orders. During this time, Sanchez has handled child custody, divorce, and restraining orders all across New Mexico, including Raton, Estancia, Santa Fe, Los Lunas/Belen, Rio Rancho, and Albuquerque. Call (505) SANCHEZ today.
