Here are some of the top restraining order of protection questions in Albuquerque, New Mexico.
These questions and answers provide you with a better understanding of protective orders in New Mexico.
An order of protection involves abuse from a household member. In this respect, “household member” is broad and includes someone with whom you have had a continuing personal relationship.
Specifically, an order of protection can be entered when an act of abuse occurs that poses an immediate threat of future harm.
Conversely, a restraining order involves non household members. For instance, a restraining order can involve a neighbor. Moreover, a restraining order can involve someone that you just met. In other words, you can request a restraining order against someone that isn’t a “household member.”
Legally, an order of protection is filed through the domestic matters court (DM Court). On the other hand, a restraining order is filed through the civil division.
Procedurally, an order of protection is easier to file because there are no costs. For instance, there is no filing fee. Moreover, there is no fee to serve the order of protection.
On the other hand, a restraining order involves a filing fee and a fee to serve the order.
With that said, the term restraining order is far more common than order of protection. Putting it differently, most people use the term restraining order even when they mean order of protection.
For example, you may hear a friend say that they got a restraining order against their ex. Technically, they got an order of protection against their ex.
Nevertheless, people commonly use the term restraining order because this phrase is more commonly used in news, media, and conversations.
For our purposes, we use the popular term restraining order to describe an order of protection against a household member. We are use the popular term for simplicity.
A restraining order is filed with the district court in the county where you live.
Do you live in Bernalillo County? If so, you will file in Second Judicial District Court.
Alternatively, do you live in Rio Rancho/Sandoval County? If yes, you file with Thirteenth Judicial District Courthouse.
The proof needed for restraining order of protection is a preponderance of the evidence. Basically, this means more likely than not, or 51%.
Based on the evidence, your judge or hearing officer can enter a protective order if it is more likely than not that an act of abuse occurred that poses an immediate threat of danger.
The proof or evidence commonly includes:
Are you wondering, “should I file a restraining order of protection?”
If so, has an act of abuse occurred? Additionally, does this abuse show that you are in immediate danger of future harm?
If yes, then you should file a restraining order in New Mexico.
You can lift, cancel, remove, or drop a restraining order by filing an application to modify or terminate.
This motion/application is filed with the court that entered the protective order.
Additionally, you can lift, cancel, remove, or drop the order through a stipulated (agreed) order to dismiss.
A temporary restraining order (TRO) is granted when the request shows sufficient evidence that an act of abuse happened.
The TRO can be granted without a hearing.
Under NM law, a hearing must be held within 10 days. Nevertheless, the hearing can be continued based on “good cause.”
At the hearing, a restraining order can be entered. Depending on the severity of the abuse, the order is commonly entered for either six months, or one year.
Nevertheless, a restraining order can be entered for longer periods. For example, a restraining order can be entered for 2, 5, or 10 years.
By standard language, a protective order prevents the restrained party from coming within 100 or 25 yards of the restrained party.
Specifically, the protective order usually states: “The restrained party shall stay one hundred (100) yards away from the other party, the other party’s home and any workplace at all times, unless at a public place, where the restrained party shall remain twenty-five (25) yards away from the other party except as specifically permitted by this order.”
Depending on the facts, this distance can be either shortened or extended. Nonetheless, the standard language requires either 25, or 100 feet.
The longest that a restraining order typically can last is 10 years.
Most restraining orders last for six months to one year. The length can be extended based on the degree of abuse.
In other words, the greater the severity of abuse, the longer the order typically lasts.
Was the abuser properly served with notice? If yes, the abuser not showing up to the hearing will likely result in a default order being entered.
In other words, if the order and notice were properly served, the court can enter a protective order if the alleged abuser fails to appear at the hearing.
A restraining order is not a criminal record. A restraining order is civil in nature.
With that said, the restraining order may be public record. In other words, the public may be able to retrieve information about the restraining order.
The court can enter a temporary restraining order (TRO) without a hearing.
A TRO can be entered when the request provides sufficient evidence that abuse occurred that poses an immediate threat of future harm.
However, a “permanent” restraining order cannot be entered without a hearing. In this respect, a “permanent” order usually lasts for about one year.
A restraining order is entered in the DV Court. Conversely, a no contact order is entered in the DM Court.
A no contact order can be entered in a corresponding custody or divorce case. For example, a restraining order that was filed with the DV Court may be dismissed by the parties with a no contact order being entered in the DM court.
With that said, a no contact order usually requires a corresponding DM case for custody or divorce.
Finally, violating a restraining order is a criminal offense. On the other hand, violating a no contact order is a civil offense.
A restraining order can be entered if:
Common restraining order papers include:
These papers/documents are commonly entered with protective orders in New Mexico.
You should file a restraining order when:
Temporary restraining orders are commonly granted in Albuquerque, NM. Generally, the DV Court leans on the side of caution after reviewing the request.
Legally, the request must contain enough evidence that shows probable cause that an act of abuse occurred.
Moving forward, the temporary order may be dismissed at the upcoming hearing. Legally, this hearing must be held within 10 days. However, this 10-day requirement is often waived, and the hearing is continued.
Are you searching for a top lawyer for restraining order in Albuquerque, New Mexico? If so, Sanchez has handled the most complex cases across New Mexico.
Sanchez commonly handles protective order cases that involve child custody with uncontested divorce or contested divorce issues.
For over thirteen years, Sanchez has handled cases in Rio Rancho, Los Lunas/Belen, Santa Fe, and neighboring cities.
Call a hard-hitting and experienced domestic violence lawyer for restraining order in Albuquerque, New Mexico.
Call (505) SANCHEZ.
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