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  • Where Do I Obtain a Restraining Order in New Mexico?

    Posted on by JACK MKHITARIAN

    Restraining orders in New Mexico are done in civil court and you must apply for a restraining order and get a judge’s approval before it is active. Restraining orders may be filed against someone living with you or someone outside of your household. These are protective orders used in cases of domestic violence, stalking, and other actions that may lead to harm.

    If you find yourself at the point where you think you need a restraining order, it is best to speak with an attorney. It is important that you not only understand how restraining orders work when getting one for yourself, but also how they work in case someone files one against you.

    There are various types of protective orders in New Mexico as well, and the type you choose depends on the potential violence in question.

    What Does New Mexico Consider a Restraining Order?

    In the state, restraining orders are temporary court orders that forbid someone from contacting, approaching, or being near another person. You have two types of initial restraining orders:

    1. Protection Order – A protection order is more common in cases of domestic violence, and you can obtain an emergency protection order if there is an imminent threat of danger. Law enforcement may also request a protection order for someone in their case. Temporary orders do not always require a court hearing either, or you can get them without notifying the party the order is against. If you are someone who has a protection order placed against you, you may not be notified about it until you receive the order. These orders are temporary, and they only last until an official court hearing can be done to determine the length of the restraining order – if any.
    2. Civil Restraining Order – These are reserved for non-domestic violence cases such as harassment. The court will grant a civil order if they feel there is a valid threat to the victim’s safety. These are typically used for non-domestic partners or those living outside of your household.


    The Permanent Restraining Order

    A permanent protection order is not the same as a protection order or emergency order. In this case, the permanent order prevents someone from engaging in any further contact or violent acts against the victim. They cannot be within a specified number of feet from the victim, contact them using any channel (including sending messages through third parties), and the court may grant custody to the victim in the event the permanent restraining order is filed against a spouse or former spouse. When a permanent protection order is in place, it can prevent a parent from seeing their children, and they may have only court-ordered supervision.
    Furthermore, a permanent restraining order can evict a person from their home. For example, a spouse is accused of domestic violence, and the temporary restraining order becomes a permanent order. Law enforcement can come to the home and remove the party and their belongings so that they are no longer allowed access to their property – even if they are paying for that property. This is only done if the property is granted to the victim in the protective order.

    What Can I Do If a Restraining Order Is Filed Against Me?

    You may have a restraining order filed against you, whether you were notified of a hearing or received a temporary restraining order notice. Sadly, a restraining order is not hard to obtain, and a spouse or vindictive ex may be tempted to file a temporary restraining order against you to get a leg up in a custody battle or just to get back at you.

    If you have been accused of violence that you did not commit and now you are no longer allowed to enter your home or see your children, you have the right to fight that restraining order. Temporary orders are often in place until an official hearing is conducted. Permanent orders are rarely filed without a hearing. This means, at the hearing, you have the opportunity to present your case, show how you are not a threat, and hopefully get that protective order lifted so that you do not lose your property or chance to see your own children.

    Contact an Attorney Immediately If a Protective Order Has Been Filed against You

    If you have a protective order hearing coming up, or you received a notice that a temporary emergency order was placed against you, protect your rights. The best thing you can do is contact a defense attorney. You may have other criminal allegations against you, such as allegations of domestic violence. Therefore, the restraining order is only one of many issues that you are now facing. You need a defense attorney who has experience handling these types of cases and can protect your rights.

    The team at New Mexico Criminal Law Offices has helped countless victims of unnecessary protective orders and allegations of abuse or the threat of violence. Do not let a protective order ruin your life, displace you, or even prevent you from seeing your children. We will help fight against these allegations, argue for your rights in your protective order hearing, and make sure that an unnecessary order is not placed against you for something you did not do.

    Time is critical in these cases. While you might not have a chance to represent yourself before a temporary order is put into place, you definitely have a right to fight that order and prevent a permanent order from impacting you the rest of your life. Furthermore, we can help fight false allegations of domestic violence or abuse so that you do not face criminal charges.

    The sooner you contact a criminal defense attorney, the better the outcome may be in your case. To get started, schedule a free, confidential case evaluation with our knowledgeable attorneys now by calling our office directly. You can also request more information about our defenses against protective orders online.