Attorney
Captain America has his vibranium shield, Wonder Woman has her “Bracelets of Submission,” and some Albuquerque area divorcees have an Order of Protection. More commonly known as a restraining order, an Order of Protection doesn’t eliminate the danger faced by someone who is being threatened with harm, but it does give them the time and space they need to chart their next steps.
At Matteucci Family Law, we routinely assess whether our family law clients would benefit from having an Order of Protection in place. We understand that even in the most amicable divorce, emotions can spike and tension can rise to the point where steps must be taken to protect the personal safety of our client and their family members.
What Is an Order of Protection?
Commonly referred to as a restraining order, an Order of Protection is a court order that can shield you and your children from abuse or threats of abuse by someone you’ve had a close relationship with—like a spouse or romantic partner.
You can also get an Order of Protection against:
- Your child’s other parent
- A parent, present or former stepparent, or present or former parent-in-law
- Grandparents or grandparents-in-law
- Your child, stepchild, or grandchild
- A stalker, or
- Someone who has sexually assaulted you.
A typical Order forbids your abuser from hurting, threatening, or harassing you. The abuser will be forbidden to be in the physical proximity of you, your children, your place of work, or residence. If your abuser violates the Order, he or she may be arrested.
To be effective, the person the Order is against must respect it. Or at least believe that violating the order would not be worth going to jail over.
What Do You Need to Prove to Get an Order of Protection?
If you are more familiar with super hero shields than court orders, you aren’t alone. Because they aren’t something people who have them typically want to talk about, Orders of Protection have taken on a somewhat mythical quality—with people assuming they are difficult to get (or more powerful than they actually are).
Getting a judge to issue an Order of Protection is actually a pretty straightforward process. You or your attorney need only file paperwork claiming you are in immediate and present danger of abuse. Generally you would include a sworn affidavit that details specific threats or incidents in your filing.
The judge can then issue a temporary (ex parte) order that goes into effect immediately, and lasts until a hearing can be held. At the hearing, the person you are seeking an order against has the opportunity to tell their side of the story, so you must produce evidence that shows why an Order is necessary. This could include:
- Testimony from you or witnesses
- Police reports
- Medical records
- Text messages, emails, or voicemails, and
- Photos of past injuries or property damage.
If the evidence persuades the judge that an Order of Protection is needed, he or she can issue one immediately. The so-called “permanent order” usually expires after a few months or up to one year, but you can petition to extend it.
Serving Families with Dignity & Compassion
If your divorce involves fear, intimidation, or violence—real or threatened—there’s no shame in stepping behind a legal shield. If you think you may need an Order of Protection during your divorce, Bob Matteucci is here to be your legal superhero. Please contact him to discuss your case.
If you are experiencing any form of domestic abuse or violence, you may want to reach out to the New Mexico Coalition Against Domestic Violence or call the National Domestic Violence Hotline 1-800-799-SAFE (7233). If you are in immediate danger, you should call 911.