Domestic Abuse Order of Protection Dropped on Discretion of Parties

The first thing to understand about dropping an Order of Protection from Domestic Abuse is that it differs significantly from dropping a no-contact order in a criminal domestic violence case.

In the case the no-contact order, it cannot be dropped with court approval and almost always requires a hearing with both parties present.

An Order of Protection from Domestic Abuse is issued in civil court. In New Mexico, this is typically the family court. The rules are a little more flexible here. The Order of Protection can be dropped in a number of ways:

1. The alleged victim does not show up for the hearing. This of course assumes the other party has not filed a counter-petition.
2. The alleged victim files an order dropping the Order of Protection.
3. In case of mutual orders of protection (i.e. order of protection against both parties), both parties agree and file an order dropping the order of protection.

The criminal no-contact order is hard to drop and care is required to make sure it is done correctly. Going about it the wrong way can cause some serious issues.

The Order of Protection is much easier to deal with and typically can if necessary be done without the assistance of an attorney.

The Albuquerque law firm of Collins & Collins, P.C. can be reached at (505) 242-5958