Both parties, the alleged victim and the alleged domestic violence offender, have the right to appeal the ruling of a domestic violence hearing officer on a petition for order of protection from domestic abuse. This is done through he filing of Objections to Hearing Officer Report.
Many times, the parties do not understand this right or are completely unaware of it. Perhaps this is because it is not stressed. In fact, the New Mexico Courts have numerous domestic violence forms available for use by the public. The form for filing objections is not among them and the right is not mentioned in the Order of Protection from Domestic Abuse itself. It is a very important right for a number of reasons, and both parties should at least understand that the right.
There are a number of grounds for filing objections. The may be issues related to evidence such as insufficiency of evidence e or illegally admitted evidence. Orders are often issued on default because the alleged domestic violence offender failed to show for the hearing. The failure to show could be for good cause providing a basis for objections. The domestic violence hearing officer may have exceeded jurisdictional limits on the issues to be addressed.
There are many other grounds for filing Objections. These are dependent upon the case. In all case, the Objections must be filed within 10 days of the Hearing Officer’s ruling. Missing this deadline will completely bar the objections.