There are several restraining order of protection mistakes to avoid in New Mexico. Failing to understand and address these mistakes can ruin your case. On the other hand, your restraining order case can be greatly improved by avoiding these costly mistakes.
FAILING TO NOTICE THE WARNING SIGNS
Are you going through a child legal custody or divorce case? If so, is your relationship becoming more strained, contentious, or aggressive? For example, have your text messages and interactions become increasingly aggressive or abusive? If so, your future may involve a restraining order of protection. Accordingly, it is essential to notice warning signs and to avoid actions that can sink your case.
Are children involved with your legal separation or divorce? If yes, is child visitation an increasingly contested issue? For instance, are your text messages regarding visitation becoming increasingly angry, insulting, or aggressive? Is litigation being threatened? These are telltale signs that a restraining order may be looming.
On the other hand, are you going through divorce and disagree on who remains in the martial home? If so, it is essential to avoid any conduct or actions that can be classified as abusive. First, avoid sending any abusive or threatening text messages. Second, avoid any aggressive or unwanted touching that could be labeled as abusive. Third, never make any statements – written or otherwise – that suggest suicidal thoughts and/or threaten self-harm.
Any of the three strikes above could lead to a temporary restraining order (TRO) being entered. In turn, this TRO could force you out of the marital home until a hearing is held.
NOT SPEAKING WITH AN EXPERIENCED ATTORNEY
Failing to speak with an experienced attorney is a bad restraining order mistake. You are not required to be represented by an attorney at an emergency protection order hearing. Nevertheless, it is a horrible idea to step into a restraining order hearing without speaking with an experienced family violence attorney.
An experienced domestic violence attorney or lawyer can help you understand your case. For instance, the top attorney can help you to identify your case’s strengths and weaknesses. Finally, a seasoned lawyer can help you identify weaknesses with the opposing party’s case.
With that said, it’s also a bad idea to file a restraining order without first consulting with an tested attorney. You see, sometimes filing a restraining order is a mistake that back-fires. All too often, someone rushes to the courthouse to file a weak restraining order. Consequently, a strong counter restraining order is filed. At the resulting hearing, the initial restraining order is dismissed – with the counter being granted. In other words, speak with an attorney before running to the courthouse to file a restraining order.
NOT UNDERSTANDING HOW A RESTRAINING ORDER CAN IMPACT CHILD FULL CUSTODY OR PARENTAL VISITATION
A New Mexico restraining order can harm your child full custody or parental visitation case.
In the short term, an order of protection being entered enables the DV Court to enter a six-month order that controls child legal custody and parental visitation. In doing so, the DV Court may grant one parent sole legal custody. Conversely, the “Restrained Parent” may be granted limited, supervised visitation.
In the long term, this six-month order can establish a “status quo” that haunts your child full custody and parental visitation case for years. In other words, a restraining order involving children creates a smell that can stick to your case for years.
NOT TAKING YOUR RESTRAINING ORDER CASE SERIOUSLY
A restraining order can have serious repercussions. An order of protection can impact your security clearance, back-ground check, gun rights, or lease agreement. As mentioned above, a restraining order can also impact your child full custody or parental visit case.
Do not be deceived by getting a restraining order’s informal appearance. For instance, do not be lulled into a sense of security by a poorly written petition. Do not be coaxed into indifference by a petition’s poor grammar, spelling errors, or elementary appearance. Do not be fooled into taking your case lightly because it is held by zoom or phone.
Getting a restraining order can impact your life. As such, it is a mistake to take your restraining order lightly.
THE HEARING OFFICER IS WATCHING YOU
Big Brother isn’t the only one watching you. Your Hearing Officer is also watching you.
You see, a Hearing Officer or Judge decides if you get a restraining order will be entered against you. Ultimately, getting a restraining order can be entered based on a preponderance of the evidence – which means more likely than not, or 51% of the evidence. Your Hearing Officer decides what is “more likely than not.”
Restraining orders are not an exact science. Your Hearing Officer’s decision is often based on a “gut feeling,” based on all the evidence. It is extremely difficult to overturn this decision through appeal.
Putting it differently, your Hearing Officer has immense power to decide if a restraining order will be entered – and it is highly unlikely that you can successfully overturn this decision.
Not all restraining order cases are created equally. Some restraining orders are clearly valid. Conversely, some cases are clearly bogus. In the middle, some restraining order cases are very close. In other words, some cases can go either way, based on your Hearing Officer’s “gut feeling.”
In-court behavior impacts close cases. Putting it differently, in-court behavior impacts a Hearing Officer’s decision.
A Hearing Officer’s gut feeling/decision is impacted by a party appearing or sounding angry/aggressive. Arguing with the Hearing Officer impacts the Hearing Officer’s gut feeling. Giving the other party hostile or angry looks impacts this gut feeling. In turn, this gut feeling can be enough to tip the scales towards a protective order being entered.
Do you appear angry? Aggressive? Red faced? Is your tone of voice hostile? What is your body language saying? Be warned, the Hearing Officer is watching you.
EXPERIENCED RESTRAINING ORDER OF PROTECTION ATTORNEY/LAWYER IN NEW MEXICO
Are you curious about restraining emergency order of protection mistakes to avoid in New Mexico? If so, are you looking for a trusted and tested family violence attorney or lawyer? For over a decade, Matthew Legan Sanchez has handled restraining orders across New Mexico. Sanchez routinely handles restraining emergency order of protections in Albuquerque, Rio Rancho, and Los Lunas/Belen. Are you searching for the best restraining order lawyer or attorney in New Mexico? Look no further. Call (505) SANCHEZ today.
Restraining Order of Protection Mistakes in NM
