Are you wondering what to expect at your restraining order of protection hearing? If so, likely you have either filed a restraining order, or recently were served with a temporary order of protection.
Alternatively, are you just beginning the process? In that case, it is important to fully understand the restraining order of protection process in New Mexico.
Moving forward, the first hearing is usually held before a Hearing Officer. Under NM law, the hearing must take place within ten days of the petition being filed. With that said, most cases are usually extended beyond this ten-day limit based on “good cause.” In most cases, “good cause” means that the court does not have the resources to handle the matter within ten days.
Because of this fact, hearings usually take 30 days or more to happen.
Order of protection hearings are usually brief. In most cases, the hearing will take about one hour. Different Hearing Officers have different preferences and polices. For instance, some Hearing Officers begin by asking the petitioner what is being requested and why. With some courts, the Hearing Officer starts with the formal process of opening statements. In other courts, the Hearing Officer jumps directly into testimony. In other words, how your hearing unfolds depends on your specific Hearing Officer.
With that said, both sides can testify at the hearing. In other words, both sides will have time to tell their stories.
In doing so, the petitioner testifies about the alleged act of abuse and why a restraining order is needed. Conversely, the respondent can testify about issues with the restraining order. Therefore, it is important for respondents to understand how to beat a false restraining order.
During the hearing, both sides can present text messages and evidence. For instance, petitioners commonly provide evidence that demonstrates abuse. This evidence may include:
In essence, petitioners can introduce any evidence demonstrating that an act of abuse occurred.
On the other side, the respondent also presents evidence. Specifically, respondents provide evidence that demonstrates that an act of abuse did not occur. In some situations, a respondent can affirmatively prove that there are false allegations of abuse.
On either side, it is important to understand how to introduce text messages and pictures into evidence.
Your Hearing Officer ultimately decides if an order of protection will be entered. In doing so, your Hearing Officer listens to both side’s testimony, any witness statements, and any evidence that is introduced. Ultimately, your Hearing Officer decides if she believes that an act of abuse occurred that poses an immediate threat of future harm.
Legally, the petitioner must prove their case by a preponderance of the evidence. In other words, the petitioner must show by a preponderance of the evidence that an act of abuse occurred. If not, then the petition should be dismissed.
How a restraining order impacts you depends on your unique facts and case. Across the board, a restraining order carries potential consequences. Because of this fact, you may be wondering, “Do I need a restraining order attorney?” At a minimum, you should always speak with an experienced restraining order attorney about your unique case.
Also, does your restraining order involve children or a divorce? If so, it is important to understand how a restraining order can impact your divorce.
Finally, is CYFD involved with your restraining order? If yes, then it is essential to understand how CYFD impacts restraining orders.
Do you still have questions about your restraining order of protection hearing? Rest easy, Matthew Legan Sanchez has handled restraining orders for over a decade. During this time, Sanchez has handled Restraining Orders all across New Mexico, including Raton, Estancia, Santa Fe, Los Lunas/Belen, Rio Rancho, and Albuquerque. Call (505) SANCHEZ today.
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