Attorney
If the only thing keeping you in your current relationship is the fear of what your partner might do to you or your children if you try to leave, you are not alone. It is estimated that 1 in 4 women and 1 in 7 men have been abused by an intimate partner.
Seeing this, New Mexico policy makers have adopted strong domestic abuse laws designed to protect people when they are most vulnerable. Though many of these laws are criminal laws, there are legal actions that can be taken against abusers on the civil side of things as well.
At Matteucci Family Law, Bob Matteucci helps the victims of domestic violence seek restraining orders (also known as orders or protection) to shield themselves and their children from harm during divorce and child custody cases.
What is a Restraining Order?
In order to protect yourself and your children from abuse while your divorce is pending, it may be necessary to seek an Order of Protection, commonly called a restraining order.
An Order of Protection is a court order designed to prevent further abuse or harassment by legally restricting the behavior and actions of your abuser. This court order can:
- Prohibit your abuser from contacting, harassing, or threatening you or your children;
- Require your abuser to stay away from your home, workplace, or other specified locations like your children’s school;
- Grant temporary custody of children and establishing visitation arrangements; and
- Order your abuser to move out of your shared residence.
If your abuser violates the restraining order/order of protection/ERFPO, he or she may be arrested.
Who Can Get a Restraining Order?
Any victim of domestic abuse can seek a restraining order/order of protection. This abuse can encompass a range of behaviors, including
- Physical abuse — Any type of violent behavior, like hitting, biting, slapping, battering, punching, and shoving.
- Sexual abuse — Coercing or attempting to coerce you into having sexual contact, or initiating sexual contact without your consent.
- Emotional abuse — Constant criticism or name calling that harms your relationship with your children or otherwise damages your mental health.
- Psychological abuse — Intimidation or threats to physically harm you or your children, isolating you from loved ones, or prohibiting you from going about their day-to-day life.
And though most orders of protection are designed to protect people from their spouse or romantic partner, under New Mexico state law it is also possible to seek protection from an abusive:
- Parent, present or former stepparent, or present or former parent-in-law
- Grandparent or grandparent-in-law, or
- Child, stepchild, or grandchild
If You Need Help Right Now
While it is helpful to read blog posts like this to gather information and figure out your next steps, you should not hesitate to contact the New Mexico Coalition Against Domestic Violence for local assistance and information at 1-800-799-SAFE (7233). If you are in immediate danger, you should call 911.
Serving Families with Dignity & Compassion
Attorney Bob Matteucci is ready to help if you need to take civil legal action to legally distance yourself or your children from an abusive family member. Any contact you make with Bob will be held in the strictest confidence. Bob handles these cases quietly and confidentially to protect your privacy and keep you safe.
Please contact Bob today to learn more and to schedule a confidential consultation