Temporary Restraining Orders or TRO’s in Albuquerque, New Mexico

 

WHAT YOU NEED TO KNOW ABOUT TRO’S IN ALBUQUERQUE, NEW MEXICO

 

Temporary Restraining Orders in Albuquerque, New Mexico are often called TRO’s.  A TRO is issued when the reviewing judge believes that an act of domestic abuse has occurred, based the facts stated in the petition. A TRO takes effect once signed by the presiding judge.

 

WHAT IS THE PURPOSE OF A TRO IN ALBUQUERQUE, NM?

 

A TRO prevents or “restrains” one party from specific acts, behavior, or taking action that the TRO prohibits.  TROS are often used for the following:

• Preventing withdrawals from bank accounts;
• Selling or disposing community property;
• Incurring debt;
• Contacting or harassing another party or child; or
• Removing a child from school or day care.

TRO’s are only enforceable against the other parent or party to the case.  TRO’s are not binding against a third party, such as a child care provider, or employer.

 

HOW TO APPLY FOR A TEMPORARY RESTRAINING ORDER IN ALBUQUERQUE?

 

A parent or household member can request a temporary restraining order in Albuquerque by filing a petition for order of protection.  This petition is filed with the second judicial district court’s domestic violence division.  The requesting party provides statements in the petition and affidavit regarding alleged acts of abuse.  The requesting party states why they will suffer severe damage if the TRO is not granted.

 

 

 

WHAT IS THE DIFFERENCE BETWEEN A TRO AND ORDER OF PROTECTION IN NM?

 

In short, a temporary restraining order is only valid until a hearing can be held.  An order of protection is generally valid for one year or longer.

A TRO is generally entered without a hearing, based on the statements contained in the petition.  The TRO is generally valid until a hearing can be held.  By NM law, this hearing must be held within 10 days from the date that the TRO is granted.  This hearing is routinely extended past the 10 day requirement for “good cause shown.”

The TRO is only effective until a hearing is held.  On the date of the hearing, the TRO expires when the court dismisses the petition and finds that an act of abuse did not occur.

When the court finds that an act of abuse occurred, an order of protection is entered.  The order of protection generally remains effective for one year.  A party can request to extend the order of protection when a new act of abuse occurs after the order of protection expires.

 

HOW LONG IS A TRO VALID IN ALBUQUERQUE,NEW MEXICO

 

A TRO is valid and enforceable until a hearing is held.  By law the hearing must be held within 10 days, but is often extended for “good cause shown.”  A TRO expires when the petition is dismissed at the hearing, based on lack of evidence that an act of abuse occurred.

 

ACTUAL NOTICE OF TRO IS REQUIRED TO BECOME EFFECTIVE

 

A TRO is valid once signed by the reviewing judge.  However, a TRO must be served on the restrained party to become effective.  A party cannot be held to have violated a TRO until personal service and notice is established.

Under the Family Violence Protection Act, the court immediately attempts to serve the TRO and notice of hearing once they are entered.  The TRO and notice of hearing are usually personally served by the the Bernalillo County Sheriff’s Department, (505) 798-7000.  The service is free of charge.

 

CAN THE COURT GRANT A TRO WHEN THE ALLEGED ABUSER IS NOT A HOUSEHOLD MEMBER?

 

Under the Family Violence Protection Act, the alleged abuser must be a “household member.”  Other than allegations of stalking or sexual assault, the petition will be dismissed if the alleged abuser is not a household member.

 

CAN A TRO PREVENT COMMUNICATION AND PARENTAL VISITATION WITH A CHILD?

 

Yes.  When children are involved, the TRO can award temporary child custody and parental visitation, when appropriate.  This means that the TRO can grant one parent sole legal custody until a hearing is held.

 

CAN I APPEAL A TRO IN ALBUQUERQUE?

 

No.  TROs and temporary orders are not subject to appeal.  Similar to order of protections, the court has wide discretion when granting a TRO.  If you believe that the TRO was improperly granted, you can take the following steps:

• File a counter petition for order of protection;
• File a motion to dismiss TRO; or
• File a motion to modify TRO.

Based on the claims in the counter petition or motion, the court can either enter a new TRO, or modify the terms of the existing TRO.  Most likely the TRO will remain in place until a hearing is held regarding all of the allegations.

 

(505) SANCHEZ HELPS YOU UNDERSTAND TEMPORARY RESTRAINING ORDERS OR TRO’S IN ALBUQUERQUE, NEW MEXICO

 

Do you have questions about temporary restraining orders or TRO’s in Albuquerque, New  Mexico?  Matthew Legan Sanchez has over a decade of experience with New Mexico TRO’s and can help you with your temporary restraining order case in Bernalillo, Sandoval, Santa Fe, or Valencia County in New Mexico.  For more information about NM temporary restraining orders call (505) SANCHEZ.