Toxic Relationships, Restraining Orders During COVID-19 in Albuquerque, New Mexico

 

Restraining Orders During COVID-19 in Albuquerque, New Mexico

 

COVID-19 has radically changed almost every aspect of life in Albuquerque, New Mexico. The virus has also hit New Mexico’s legal system like a tsunami, tearing down the status quo and forcing courts to create fundamental changes to weather the storm.

The virus has struck family courts particularly hard with rapid change becoming the new “normal.” Over the past three months, family courts have been forced to implement novel policies and sweeping changes, in order to stay afloat with the rising caseload caused by COVID related issues and delays.

The closures, changes, and delays have clogged the normal flow of cases through the family court system. The clogged system, in turn, has caused cases that are generally handled by the family court (i.e. DM Court) to flood into other areas – especially the domestic violence court (i.e. DV Court).

Since COVID struck, over the past three months, I have witnessed an increase in family cases involving:

• Underlining history of mental health conditions, particularly bi-polar disorder. In these cases, COVID related stressors appear to act as a triggering factor that may result in a mental health relapse;
• Self-medication and/or substance abuse that reaches problematic levels; and
• Arguments regarding formerly amicable parents time-sharing agreements.

In some cases, the three common scenarios are spilling over into domestic violence, threats, criminal damage to property, and violent arguments.

In some cases, the police are called.

In other cases, a Petition for Order of Protection is filed.

In situations where children are involved, CYFD may become involved.

Because of COVID, the DM Court is taking considerably longer to set hearings for matters involving child custody disputes. For non-emergencies, I’ve seen the DM Court refuse to address the issues until the parties complete Settlement Facilitation with a trained facilitator that attempts to resolve the disagreement, prior to litigation.

The jam in cases and lengthy wait times has resulted in cases spilling over into the DV Court through a Petition for Order of Protection.

The Order of Protection process involves a parent, or household member, claiming that an act of abuse occurred that poses an immediate threat of harm. The DV Court generally leans on the side of caution and will enter a Temporary Restraining Order (TRO) that prevents contact between the parties, until a hearing is held to determine if an act of abuse occurred that warrants an “permanent” Order of Protection to be entered.  The “permanent” Order is generally for six months to one year.

When children are involved, the TRO often prevents contact between the child and parent, until a hearing is held to address the alleged abuse.

Historically and currently, it is quicker to get a hearing before the DV Court relative to the DM Court. This is partially caused by New Mexico law that sets a 10 day deadline for the DV Court to hold a hearing from the date that the Petition for Order of Protection is filed. This 10 day requirement can be extended for more than 10 days when “good cause is shown.” Before COVID, at times, cases would exceeded the 10 day requirement and the “good cause shown” generally was a lack of support staff to handle the Petition within the requisite 10 days. Since COVID, virtually every hearing is continued passed the 10 day period, with most taking 30 to 45 days before a hearing is held.

The practical effect of this delayed process is that parents are prevented from seeing or communicating with their child, for an extended period of time, and until a hearing is held to address the Petition.

In some instances, parents are using the DM and DV Courts’ limited capacity as a weapon to prevent visitation between a parent and child.  Judges heavily frown upon such actions, finding them to be contrary to the child’s best interests.  These actions, essentially custodial interference, are often taken for short term benefits, but ultimately can lead to long term, negative repercussions.  Second Judicial Judges’ have cautioned parents from taking such actions, stating: “We all hope that [COVID-19] is not used as a weapon to simply refuse to negotiate alternatives for other visitation arrangements and that parents are not allowed to view the limited capacity of the Court to operate as an opportunity to simply ignore the rights of non-custodial parents.”

With cases that lack an enforceable Order regarding parents time-sharing, COVID related issues may cause a break-down in the once amicable parenting agreement. This breakdown may cause a parent to withhold the child. The police may be called and generally refuse to get involved because the dispute is a “DM matter.” CYFD may become involved, opening an investigation. In many cases, a parent also files a Petition for Order of Protection, claiming that an act of abuse occurred. Because the DV Court tends to error on the side of caution, a TRO is generally entered, and often prevents communication between the parent and child until a hearing is held.

Over the past three months I have encountered a handful of legitimate Petitions, based on claims of abuse that warrant a TRO and subsequent Order of Protection being entered. On the other hand, some of the Petitions that I have reviewed are baseless and strategically filed to generate a TRO that prevents contact and parental visitation until a hearing can be held to address the baseless claims.

Are you currently experiencing child custody/parental visitation problems with an ex?

Do you lack a well-defined time-sharing agreement or Court Order?

Is your ex threatening to prevent communication or parental visitation?

Have the police been contacted, but refuse to get involved with the “DM matter.”

Is CYFD involved, or has your ex threatened to get CYFD involved? 

If you answered yes to any of these questions, you should:

Be aware that anything that you say or do to your ex can be used as the basis for a Petition for Order of Protection. This Petition will likely result in a TRO being entered that prevents parental visitation and/or communication until a hearing is held to address the Petition’s merit. To limit potential issues:

• Do not send any text messages/emails/communications that could be interpreted as abusive or harassing;
• Do not touch your ex in an angry or insolent manner;
• Do not engage in any behavior that could be considered abusive;
• Consider having a witness present for exchanges and interactions; and
• Do not give your ex any ammunition to file a Petition for Order of Protection.

 

(505) SANCHEZ IS HERE TO ANSWER ANY QUESTIONS ABOUT TOXIC RELATIONSHIPS, RESTRAINING ORDERS DURING COVID-19 IN ALBUQUERQUE, NEW MEXICO

 

Do you still have questions about toxic relationships, restraining orders during COVID-19 in Albuquerque, New Mexico?  Restraining order cases often require the experienced hand and knowledge that comes with years of courtroom practice.  Matthew Legan Sanchez has the experience needed to handle your unique case.  Sanchez can be reached by calling (505) SANCHEZ.