Violation of Order of Protection
VIOLATION OF ORDER OF PROTECTION ATTORNEY
Charged with violation of Order of Protection in New Mexico? When a Petition for Order of Protection is filed, the court will grant a Temporary Order of Protection if there is probable cause to believe that an “act of abuse” has occurred.
Once this Temporary Order is entered and served on an individual, it is essential for all of the terms of the order to be followed until the scheduled hearing that must take place before a Special Commissioner within ten days. At this Hearing the Special Commissioner can either dismiss or enter a Permanent Order of Protection – generally for a period of six months to one year.
BREAKING AN ORDER OF PROTECTION
If the Order of Protection (“Restraining Order”) is not followed, an individual may be arrested and charged with violating the order. This charge is not treated lightly and carries harsh penalties if convicted.
Have you been accused or arrested for violating an order of protection? If so do not take your situation lightly. Judges look unkindly upon individuals who have been accused of violating a restraining order.
ORDER OF PROTECTION LAWYER IN NEW MEXICO
Matthew Legan Sanchez aggressively fights for the rights of clients who are dealing with domestic violence and order of protection issues. Sanchez handles all levels of domestic violence cases and related issues. These issues include child custody disputes, divorce and other related issues that often intertwine and coincide with domestic violence.
Often one case spills over into another case. Possibly one’s divorce or child custody dispute will turn into a Petition for Order of Protection, where an individual claims that an act of abuse has occurred. For this reason it is important to have an aggressive and experienced attorney that understands all levels of domestic violence – and their possible consequences.
In some cases, an alleged victim has made false statements in order to gain a strategic and tactical advantage. This can occur when someone is trying to gain an upper-hand in a family law case, such as a divorce or custody dispute. In other situations, false accusations are often made in retaliation against the alleged abuser in retaliation for a break-up, child support, or any other perceived wrong.
WHAT ARE THE PENALTIES?
According to NMSA §40-13-6(F), for a first violation of an order of protection from domestic abuse, you will be charged with a misdemeanor offense and will face up to one year in jail. For a second violation, the Family Violence Protection Act provides for a mandatory jail time of 72 consecutive hours.
Individuals charged with a second violation also frequently face an “aggravated stalking” charge. Moreover, a second or subsequent offense can result in a fourth-degree felony charge carrying up to 18 months in prison and/or $5,000 fine. Any third or subsequent offense can result in a third-degree felony charge, three years in prison and/or $5,000 fine.
Don’t take the Petition for Order of Protection lightly. Contact an experienced aggressive attorney that will fight back. Call (505) SANCHEZ and fight against false claims of abuse.
ORDER OF PROTECTION ATTORNEY NEAR ME
Are you being charged with violating an Order of Protection? There are a number of defenses to claims of violating a protection order – both civil and criminal. Talk to an experienced Order of Protection attorney immediately. A trusted Order of Protection lawyer can review your facts and construct a defense. Possibly the contact never happened or was accidental. There may be other defenses to fight your charges of violation of Order of Protection in NM.
Matthew Legan Sanchez understands how an Order of Protection can impact your life, employment, residence, custody and timesharing. Sanchez has the trial experience to handle your violation of Order of Protection charges. Sanchez is here to serve you and guide you through the civil or criminal process. Call (505) SANCHEZ to speak with a trusted, tried, and successful attorney to handle your violation of Order of Protection charges in Albuquerque, Rio Rancho, Los Lunas, Belen, and Santa Fe Count.
