FAQs About Domestic Violence Answered by an Attorney in Albuquerque, NM

by | Nov 14, 2016 | Attorney

In New Mexico, domestic violence encompasses several occurrences that that involve family members. In divorce cases, these actions define whether or not additional court orders are required. The following are FAQs about domestic violence answered by an attorney in Albuquerque, NM.

How is domestic violence defined?

It is physical assault or violence that occurs between members of the same family or household. The legal definition applies to individuals who lived together previously or who had a family-based relationship. Sexual assault and rape are also included in this criminal classification. However, additional penalties apply to these criminal infractions.

What takes place in acquiring a protection order?

The victims of domestic violence seek a protection order through the family court. Although they are similar, it is not the exact same as a restraining order. A restraining order prohibits the offender from making contact with or visiting any area within a certain distance from the victim. A protection order extends the provisions of these terms. All contact is prohibited, and the offender must follow strict guidelines. These guidelines include refraining from participating in certain activities such as consumption of alcohol and using controlled substances. Additionally, provisions for child visitation are defined.

Does a protection order affect a divorce case?

It can affect the divorce case. If the couple has a prenuptial agreement, the victim may receive more marital property if a provision for abuse was included. Additionally, the spouse could acquire sole custody if the conditions identified in the protection order remain.

How are these conditions reassessed?

The court orders a home study to evaluate the conditions identified in the protection order. If it pertained to a substance abuse problem, the offender must complete a rehabilitation program. If they fail to complete the program, the condition remains, and the court rules accordingly.

In New Mexico, domestic violence presents serious risks to all family members. When the offender is married to the victim, the victim needs court involvement to acquire protection. In these cases, the protection order penalizes the offender if they commit any violation of the order. Families that need an attorney in Albuquerque, NM contact Carter & Valle Law Firm or visit the website today.

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