Under New Mexico’s Family Violence Protection Act we find a process that offers both relief and frustration for those faced with domestic violence issues. The relief comes in the form of immediate action from an ex parte restraining order. Generally, the law requires what is called due process. For simplicity purposes this means that if you are going to claim an issue against someone then you need to ensure that the other person knows about it and can defend against such allegations. When such notice is not given and the order is automatically issued, this is referred to as an ex parte order. For victims of Domestic Violence this order can provide a quick shield. However, there is always another side to matters. For those accused of domestic violence an ex parte restraining order offers a host of problems. An ex parte order can remove a person from their home and award custody without an immediate hearing. This, in turn, often frustrates the situation because that opportunity for hearing and presenting both sides doesn’t occur until later. Knowing about ex parte orders and how to handle such claims is something you must consider as it can impact on your custody, money and even freedom. If you are faced with a domestic violence situation contact the experts at Justice Legal Group to assist you.
To learn how we can help you with your case, e-mail us at info@JusticeLegalGroup.com or call us at 505-880-8737.