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Domestic Violence Orders of Protection

Domestic Violence Charges Challenging for Military Personnel

The incidence of domestic violence in the military has been so high that the Department of Defense has made special and concerted efforts to address this problem over the span of years. Rates of domestic violence are far higher among military families than among members of the general population. PTSD Common Element in Military Domestic…

Whether Civil or Criminal, Domestic Violence Finding Has Severe Consequences

It is the unfortunate truth that divorce and child custody disputes can often lead to charges of domestic violence by or against either party. In New Mexico, a single incident of reported domestic violence can result in criminal domestic violence and/or a civil domestic abuse case, either of which have serious consequences for the accused…

Divorce, Hostile Shared Residence and Domestic Violence

One of the biggest sources of contention early on in a New Mexico divorce action is which party is going to leave the parties‘ marital home. In New Mexico, a temporary domestic order is entered at the beginning of divorce which prevents either party from forcing the other to leave their shared residence. If both…

Two Sides to Every Story: Mutual Orders of Protection in New Mexico

In order to protect victims of domestic violence, the New Mexico legislature enacted the Family Violence Protection Act, which authorizes the courts to issue a type of civil restraining order called an Order of Protection. If an Order of Protection is entered, it prevents the person committing the domestic violence or abuse (called the Restrained…

Abuse of Domestic Violence Proceedings: Playing Dirty in Divorce

Under New Mexico law, a victim of domestic abuse can file a petition for order of protection asking the civil court to issue a restraining order (called the Order of Protection from Domestic Abuse) preventing the restrained party from contact with the abused party. The order of protection is an important mechanism available to protect…

Counter-Petition for Order of Protection from Domestic Violence

What if a Petition for an Order of Protection from domestic violence is filed against you, but you are actually the victim, rather than the perpetrator of the abuse? In New Mexico, you are allowed to file a Counter-Petition for Order of Protection from Domestic Abuse in which you can respond to the allegations in…

Child Custody and Timesharing in Domestic Violence Actions

The essential component of a Domestic Violence Order of Protection under the New Mexico Family Violence Protection Act is the issuance of a restraining order prohibiting the restrained party from having any contact with the protected party/alleged victim. However, when the restrained party and the protected party have children together the domestic violence hearing officer…

Domestic Violence Orders of Protection Under New Mexico‘s Family Violence Protection Act

A domestic violence order of protection is a type of restraining order issued to protect victims of domestic violence under New Mexico‘s Family Violence Protection Act. Domestic violence cases in New Mexico are often filed in criminal court where the penal consequences can be severe. The Family Violence Protection Act provides another layer of protection…

What is the Role of a Guardian Ad Litem in New Mexico Child Custody Cases?

A Guardian Ad Litem, often referred to as GAL, is a person appointed by the Court to represent the interests of a minor or a person who is unable to represent themselves by virtue of age or incompetence. In the case of child custody actions, the GAL is appointed to insure that the interests of…

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