Albuquerque Domestic Violence Lawyer

Domestic violence cases have one foot in family law, and the other in criminal law. At the civil level, any individual can request orders of protection if he or she has been subjected to serious abuse by another family member or household member. These orders can be obtained any day of the year.

Domestic Abuse Charges Can Complicate Divorce And Child Custody Cases

In order for temporary orders to become permanent, both sides may testify at a hearing. The law firm of Atkinson & Kelsey, P.A., has been a leader statewide in representing both petitioners and respondents in domestic violence cases.

Domestic violence charges often arise before, during or immediately after divorce proceedings. Over the last several years, New Mexico's family court judges have witnessed an increase in domestic violence charges associated with divorce proceedings.

Anyone involved in a domestic violence case should know that before issuing a permanent order, the judge will take care to define the restrictions in such a way that it interferes as little as possible with already established visitation arrangements or time sharing — assuming, of course, that the children are not victims of abuse.

Do You Need A Restraining Order — Or Defense After Being Served A Restraining Order Petition?

We provide practical advice and protective legal representation for parties on either side of the equation. We can help the alleged abuse victim file a petition for a restraining order. We can also help the alleged abuser defend himself or herself against the charges.

  • If you are seeking protection: You can receive a temporary order of protection for up to 10 days without a hearing involving the abuser. Before issuing a permanent order of protection, a judge will order a hearing to hear both sides of the case and decide if a permanent restraining order is necessary.
  • If a restraining order petition has been filed against you: The worst thing you can do is ignore the court papers. Failure to respond to the restraining order petition will result in a bench warrant being issued for your arrest.

The Problem With Domestic Violence Cases

Domestic violence is a real, dangerous problem in many relationships or former relationships. However, some individuals abuse the system by raising domestic violence accusations to try to gain an advantage in the divorce proceedings.

At the Albuquerque family law firm of Atkinson & Kelsey, we recognize that domestic abuse charges will always be part of our New Mexico family law practice, no matter how much we wish away the dual problems of domestic violence and false accusations. No matter which side of the coin you find yourself on, there is no shame in taking action to get help — and the sooner you take action, the more options there will be for a satisfactory resolution.

Contact A Domestic Abuse Lawyer Serving Rio Rancho And Albuquerque


Has your home become unsafe? Or have you been blocked from access to your own home and children? Call the Albuquerque domestic violence attorneys at Atkinson & Kelsey at 505-796-6238 or write us using this online form.