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“At the Scene” in Domestic Violence Construed Broadly in New Mexico

January 14, 2014, by Collins & Collins, P.C.

Under the misdemeanor arrest rule, a police officer cannot arrest someone on a misdemeanor offense without a warrant unless the officer actually witnessed the crime. There is an exception under New Mexico law for the warrantless arrest in domestic violence cases. The domestic violence exception to the misdemeanor arrest rule is intended to protect victims […]

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New Mexico Domestic Violence Laws

April 24, 2013, by Collins & Collins, P.C.

In New Mexico there are several laws that protect victims from domestic violence crimes. These laws set forth specific penalties for certain violent behaviors. Generally, under New Mexico law a crime may be considered a domestic violence crime if it includes a pattern of controlling behavior directed at an intimate partner or that person‘s property, […]

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First Steps in a Divorce Involving Domestic Violence

April 3, 2013, by Collins & Collins, P.C.

Victims of domestic violence often do not know where to turn. There is often a sense of isolation and desperation. Perhaps more than this is a fear of the unknown and the related fear of whether there is anything out there that can help. The divorce process can be quite daunting. Couple this with domestic […]

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Dropping the Petition for Order of Protection from Domestic Abuse

March 18, 2013, by Collins & Collins, P.C.

It is not uncommon that a spouse immediately regrets the filing of a Petition for Order of Protection from Domestic Abuse. For those not familiar with the term, it is basically a Temporary Restraining Order filed in a domestic relations setting. These are often filed for very good reasons and are needed to protect one […]

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What Does a Civil Order of Protection From Domestic Abuse Mean to You?

August 30, 2012, by Collins & Collins, P.C.

The New Mexico Family Violence Protection Act (“the Act”) gives courts wide discretion in providing relief for victims of domestic violence in the form of a civil order of protection. Beyond provisions to ensure the physical safety of domestic abuse victims, the Act also allows courts to provide for the economic needs of domestic violence […]

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The Children of Violent Homes: Severe Consequences of Domestic Abuse

August 21, 2012, by Collins & Collins, P.C.

Domestic violence cases generally involve more than just the abuser and the victim. The children that live in these violent homes are directly impacted by the abuse going on around them. Children are frequently witnesses to the violence or are used by the abuser to control the victim. In some cases the children themselves suffer […]

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A New Mexico Order Of Protection is Only Effective If Consistently Enforced

July 19, 2012, by Collins & Collins, P.C.

Orders of protection are only effective if they are consistently enforced by both the court and law enforcement. Failing to enforce an order of protection can put the victim in even more danger by creating a false sense of security and encouraging offenders to violate the order because they feel there is no real risk […]

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Collateral Consequences of Domestic Violence Findings Can be Worse than Criminal Penalties

July 5, 2012, by Collins & Collins, P.C.

According to the 2005 Survey of Violence Victimization in New Mexico, one out of every four adults in New Mexico will be a victim of domestic violence during their lifetime. In 2007, there were 22,286 domestic violence incidents reported to law enforcement within the state. Domestic violence is a serious crime with severe and far-reaching […]

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Violence Against Women Act Reauthorized By The U.S. Senate

May 18, 2012, by Collins & Collins, P.C.

On April 26, 2012 the U.S. Senate voted 68-31 to reauthorize the Violence Against Women Act (VAWA) for an additional 5 years, despite efforts by opponents to pass a more narrow version of the Act. The Senate version contains more funding for education and other services, as well as recognizes the special needs of Native […]

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Domestic Abusers May Seek Control through Child Custody

February 10, 2012, by Collins & Collins, P.C.

The ending of relationships, whether through divorce or other means of separation should present an opportunity to move on for both the couples and the children involved; however, when domestic violence is present in these relationships, moving on may not be the goal of the abuser. For those that perpetrate domestic violence, control is often […]

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