Get a Protective Order with the Help of an Albuquerque Attorney
A protective order, commonly referred to as a restraining order, is a court intervention that prevents another person from contacting you.
Protective orders are often put in place in cases of domestic violence, be it intimate partner violence, child or spousal abuse, false imprisonment, or sexual harassment. This intervention falls under the category of civil court matters, which means no criminal charges will be brought upon the recipient of a protective order. Protective orders can, therefore, offer relief and security to victims of violence without escalating a potentially dangerous situation.
Details and allegations of domestic violence frequently surface during divorce proceedings and child custody cases — most often, a protective order is enacted to safely remove vulnerable parties from an abusive household.
If you are a victim of violence, don’t hesitate to request a protective order during your divorce proceeding or custody case. While Sutherland Law Firm LLC, does not take on singular domestic violence cases, our attorneys are compassionate, competent, and experienced in delicate, discrete matters. We consider it an honor to help survivors of abuse avoid further harm, reach safety, and live happy, fear-free lives through protective orders.
Fighting False Allegations
Not all domestic violence allegations are valid. In fact, sometimes, these allegations are strategically and falsely made when one party is trying to gain leverage in a divorce or custody case.
At Sutherland Law Firm, LLC, our Albuquerque family lawyers are experienced at protecting our clients’ rights and interests in any family law case that involves domestic violence allegations. Compassionate and insightful, our attorneys are ready to help you resolve domestic violence issues and bring your family law case to the best possible outcome.
Call 505-539-3232 or Email Us for Answers about Your Case & Rights
When you contact us, you can get essential information regarding how to protect your interests as you move forward with your case. Our goal is to help you put the conflict behind you so you can focus on your fresh start and a new beginning.
DOMESTIC VIOLENCE & ABUSE DEFINED: WHAT CONSTITUTES DOMESTIC VIOLENCE
Domestic violence can involve physical, psychological, and/or financial abuse that victimizes a spouse, a partner, and/or a child. While domestic violence commonly involves physical acts or harm, it does not have to. Threats of harm, as well as harassment and stalking, with or without physical harm can also constitute domestic violence, according to New Mexico law.
FALSE ALLEGATIONS OF DOMESTIC VIOLENCE & ABUSE
Not all allegations of domestic violence and abuse are true. When false allegations are made in any family law case, the representation of a lawyer at Sutherland Law Firm, LLC can be essential to protecting:
- Your reputation and good name
- Your interest in divorce and custody matters.
Character witnesses, police reports, and psychologist reports are just some types of evidence that can be helpful in proving when wrongful domestic allegations have been made.
DOMESTIC VIOLENCE IN NEW MEXICO DIVORCE & CUSTODY CASES
When domestic violence and abuse threaten your safety or the safety of your children, seeking protection and getting out of the abusive situation is critical. Typically, seeking an emergency or temporary order of protection will be necessary.
Once a temporary protective order has been issued, it will remain in effect until a formal hearing can occur. Generally, the hearing will:
- Be scheduled to occur within 10 days of the protective order being served to the alleged abuser
- Give the alleged victim and the alleged abuser the opportunity to present their case before the family court judge.
If the family (civil) court finds that domestic violence has occurred, it can extend the terms of the protective order or issue a permanent order of protection. While the exact terms of these orders can vary from case to case, they commonly prohibit the perpetrator of domestic violence from:
- Contacting the victims in person or by phone or email
- Living in or visiting the family home
- Coming within a certain distance of the victim’s workplace and/or school.
Please be aware that a finding of domestic violence in civil court will not necessarily trigger criminal charges against the alleged abuser. If it does, however, the case will proceed in criminal court, independent of the family law case.