Restraining Orders in Albuquerque
Albuquerque Domestic Violence Defense Lawyer
Restraining orders can be served in civil situations or criminal situations. After a divorce (a civil situation), restraining orders are often filed against one of the spouses. On the other hand, restraining orders are often filed after an individual has been charged with a domestic violence offense. Regardless, restraining orders can be devastating emotionally and can wreak havoc on your family relationships.
These orders can be issued against a relative, spouse or even a stranger when someone believes he/she is being threatened, harassed or endangered. If you have been charged with domestic violence and now have a restraining order in effect against you, we can help you fight your charges and seek to have the restraining order dropped!
After a first hearing (referred to as an ex parte hearing) where a victim requests a temporary restraining order, there is a second hearing where the defendant can fight the temporary restraining order from becoming permanent. The legal representative you choose could affect the outcome of your case, so make sure to get an Albuquerque criminal defense lawyer who will defend you throughout the entirety of your case.
Call the Romero Law Firm, P.A. as soon as possible!
Restraining Order Violations in Albuquerque
While an order of protection from domestic abuse is a type of restraining order under the Family Violence Protection Act that carries no criminal penalties, violating an order of protection can result in criminal penalties.
If you violate the restraining order against you, serious consequences can result such as an order of contempt or a bench warrant. For example, repeated or aggravated violations of a restraining order can result in you being charged with aggravated stalking or another felony offense.
According to NMSA §40-13-6(F), for a first violation of an order of protection from domestic abuse, you will be charged with a misdemeanor offense and face up to one year in jail. For a second violation, the Family Violence Protection Act provides for a mandatory jail time of 72 consecutive hours. Individuals charged with a second violation also frequently face an "aggravated stalking" charge. Furthermore:
- A second or subsequent offense can result in a fourth-degree felony charge carrying up to 18 months in prison and a $5,000 fine
- Any third or subsequent offense can result in a third-degree felony charge, three years in prison and a $5,000 fine
It is very easy to even innocently violate your restraining order! Sometimes an alleged victim will maliciously arrange circumstances so that a defendant violates his/her restraining order (for example, a victim will invite contact and then once contact takes place, will call the police).
Served with a restraining order? Don't make any rash decisions; consult with a competent Albuquerque domestic violence attorney today for the answers and guidance you need to prevent a bad situation from becoming worse.
Let us help you fight back today!
At Romero Law Firm, P.A., we are experienced defending men and women served with restraining orders. We thoroughly investigate the allegations against you, assertively defend you and protect your rights at all costs! Contact our office today at (505) 633-8828 or fill out a free case evaluation! We proudly provide legal services in both English and Spanish. Let us help you fight for your reputation and family today!