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New Mexico Restraining Order Attorneys
Domestic Abuse Charges Can Complicate Divorce and Child Custody 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.
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 assault and battery 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.
Thus, we provide practical advice and protective legal representation in domestic violence cases. We can help the 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.
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.
Consult Atkinson & Kelsey Regarding Your Domestic Violence Concerns
Do not let a sense of shame prevent you from seeking the help you need — no matter which side of a domestic violence case you are on. For a consultation with an Albuquerque lawyer at Atkinson & Kelsey, call (888) 350-5903, or contact us online.
