Getting Relief From Domestic Violence in New Mexico

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Domestic violence is a particularly pervasive problem because it can go on regularly within the four walls of the home, which is supposed to be a safe haven from all the dangers of the outside world.  Each state has its own remedies and methods for obtaining a solution; however, there is a similar general process that most states follow when dealing with issues of domestic violence. 

 

Domestic Violence Protective Order

 

New Mexico law defines domestic violence as when a family or household member commits acts of physical harm or reckless conduct, which is classified as behavior that puts a person in danger of serious harm; threats of imminent harm; destruction of property; unauthorized entry into your home; or harassment.  The court will look at the nature of your relationship with the alleged abuser and determine if it fits the definition of domestic violence.

 

New Mexico law provides for a domestic violence protective order for victims of domestic abuse.  There are two types of orders – a temporary protective order and a final protective order.  A temporary order, which lasts up to 30 days, may be given to you on the day you file your Petition for a Protective Order if the judge believes you are in imminent danger.  A permanent protective order cannot be issued until the alleged abuser is given a chance to recount his or her side of the story.  The temporary protective order will be issued for the length of time that you have to wait until your hearing.

 

After you file your Petition for a Protective Order, you will be given a hearing date, and the court will serve your alleged abuser with the appropriate paperwork that will notify him or her of the hearing date.  After you and your alleged abuser are each given a chance to present your respective sides of the story, the judge will decide whether or not to issue a final protective order.  If your petition is granted, it will run anywhere up to one year, though you may apply for a renewal which may be granted subsequent to a hearing.

 

If, after your hearing, you are granted a domestic violence protective order, it is likely order the following things of the abuser: not to abuse you, your relatives, or family members in any way; to stay away from your home, school, and place of employment; not to contact you; not to take, sell, or damage your property; and to provide financial support. The domestic violence protective order is also likely to grant you temporary custody of any children as well any other thing the court may deem necessary to prevent further abuse.

 

Finding Domestic Violence Resources

 

The National Domestic Violence Hotline can be reached at 1-800-799-7233 and is operational 24 hours a day, 7 days a week, and in more than 100 languages.  It can help you find nearby domestic violence shelters, emergency shelters, legal help, and social service programs.

 

The Feminist Majority Foundation has put together a database of national organizations that can help victims of domestic violence get relief from their abuser. 

 

Resources for residents of New Mexico who have been victims of domestic violence can be found here.