Domestic Violence Restraining Orders

Domestic violence restraining orders, also known as protective orders, are legal remedies available to individuals who have experienced domestic violence, stalking, or harassment from a current or former intimate partner. In New Mexico, these orders can provide a level of protection for individuals who are at risk of harm from someone with whom they have a close relationship.

If you are in immediate danger, it is important to call 911 for help. If you are not in immediate danger but would like to seek a restraining order, you can do so through the local courthouse or by contacting a domestic violence hotline or advocacy organization for assistance. The law firm of Justice Legal Group, located in Albuquerque, New Mexico, can also provide guidance and representation in seeking a restraining order. They can be reached at (505) 407-0573.

To obtain a domestic violence restraining order in New Mexico, the person seeking the order (known as the petitioner) must file a petition with the court. The petition must describe the domestic violence, stalking, or harassment that has occurred, and the petitioner must provide evidence of the abuse, such as police reports or medical records. The petitioner must also indicate the specific types of relief they are seeking, such as an order prohibiting the respondent (the person against whom the order is sought) from contacting the petitioner or entering the petitioner’s home.

After the petition is filed, the court will schedule a hearing, at which the respondent has the opportunity to present their side of the story. The petitioner must attend the hearing and present evidence to support their request for a restraining order. If the court determines that the petitioner has demonstrated a need for protection, it will issue a temporary restraining order. This order is in effect for a limited time, typically 10 days, and a final hearing will be scheduled to determine whether to make the restraining order permanent.

If a permanent restraining order is granted, it will remain in effect for a specified period of time, usually one year. The respondent is required to comply with all of the terms of the restraining order, which may include staying a certain distance away from the petitioner, not contacting the petitioner or their children, and not entering the petitioner’s home or place of work. Violating a restraining order is a criminal offense, and the respondent may face penalties, including jail time, if they do not comply.

It is important to note that a restraining order is not a guarantee of safety. It is a legal tool that can help to protect individuals from further harm, but it is up to the petitioner to take additional steps to ensure their own safety, such as seeking the assistance of a domestic violence advocate or hotline, finding a safe place to stay, and developing a safety plan.

If you or someone you know is experiencing domestic violence, stalking, or harassment in New Mexico, there are resources available to help. The National Domestic Violence Hotline is available 24/7 at 1-800-799-7233. You can also contact the law firm of Justice Legal Group at (505) 407-0573 for assistance in obtaining a restraining order and for legal representation in related court proceedings. Do not hesitate to seek help if you are in danger – your safety is of the utmost importance.