Las Cruces Domestic Violence & Protective Order Attorneys
Domestic violence allegations are taken seriously by the court when they arise in divorce and custody cases. Often, these allegations are true and require court intervention to protect the victims of domestic violence or abuse.
Unfortunately, however, not all domestic violence allegations are valid. In fact, sometimes, these allegations are strategically and falsely made when one party is trying to gain leverage in a divorce or custody case.
At Sutherland Law Firm, LLC, our Las Cruces family lawyers are experienced at protecting our clients’ rights and interests in any family law case that involves domestic violence allegations. Compassionate and insightful, our attorneys are ready to help you resolve domestic violence issues and bring your family law case to the best possible outcome.
Call 505-293-9333 or Email Us for Answers about Your Case & Rights
When you contact us, you can get essential information regarding how to protect your interests as you move forward with your case. Our goal is help you put the conflict behind you so you can focus on your fresh start and new beginning.
Domestic Violence & Abuse Defined: What Constitutes Domestic Violence?
Domestic violence can involve physical, psychological and/or financial abuse that victimizes a spouse, a partner and/or a child. While domestic violence commonly involves physical acts or harm, it does not have to. Threats of harm, as well as harassment and stalking, with or without physical harm can also constitute domestic violence, according to New Mexico law.
Domestic Violence in New Mexico Divorce & Custody Cases
When domestic violence and abuse threaten your safety or the safety of your children, seeking protection and getting out of the abusive situation is critical. Typically, seeking an emergency or temporary order of protection will be necessary.
Once a temporary protective order has been issued, it will remain in effect until a formal hearing can occur. Generally, the hearing will:
- Be scheduled to occur within 10 days of the protective order being served to the alleged abuser
- Give the alleged victim and the alleged abuser the opportunity to present their case before the family court judge.
If the family (civil) court finds that domestic violence has occurred, it can extend the terms of the protective order or issue a permanent order of protection. While the exact terms of these orders can vary from case to case, they commonly prohibit the perpetrator of domestic violence from:
- Contacting the victims in person or by phone or email
- Living in or visiting the family home
- Coming within a certain distance of the victims’ workplace and/or school.
Please be aware that a finding of domestic violence in civil court will not necessarily trigger criminal charges against the alleged abuser. If it does, however, the case will proceed in criminal court, independent of the family law case.
False Allegations of Domestic Violence & Abuse
Not all allegations of domestic violence and abuse are true. When false allegations are made in any family law case, the representation of a lawyer at Sutherland Law Firm, LLC can be essential to protecting:
- Your reputation and good name
- Your interests in divorce and custody matters.
Character witnesses, police reports and psychologist reports are just some types of evidence that can be helpful to proving when wrongful domestic allegations have been made.
Get Experienced Help Protecting Your Rights & Interests: Contact an Las Cruces Divorce & Family Lawyer at Sutherland Law Firm, LLC
For effective representation in any family law case that involves domestic violence allegations, contact us Call 505-293-9333 or email our firm.
Our attorneys have 40 years of experience helping clients successfully navigate the complexities of family law cases. Empathetic and diligent, we can help you protect your rights and advance your interests whenever domestic violence allegations arise in divorce or custody cases.
From offices based in Las Cruces, we provide the highest quality counsel and representation to clients throughout New Mexico. Our attorneys are also licensed to practice in Texas and Michigan.