New Mexico divorce petitioners take additional measures when they are victims of domestic violence. These events are classified as violent acts against family members or in these cases the spouse or the child. A Divorce Attorney In Albuquerque NM provides clarity about these laws and how they could help the victims.
Documenting Domestic Violence
Domestic violence is documented in one of two ways. Either the police may visit the property during an attack and collect evidence or the victim may visit the local agency to file a report. The officers photograph the victim’s injuries and file formal charges through both options. The victim should contact law enforcement at any time any additional attacks occur.
Identifying All Victims of Domestic Violence
When there is more than one victim, the court needs details about these victims and their circumstances. If the child is the victim, the court needs to provide additional protection to prevent further injury. The same is true for the spouse. However, when the victim is the child, the court may suspend any visitation between the child and their attacker if the attacker is a parent.
Securing Legal Protection for the Victim
A protection order is issued once domestic violence is identified. The court order prohibits certain actions in order to protect the victim. These provisions prevent the attacker from visiting the victim’s home, office, and properties belonging to their family. They identify the distance in which the attacker must stay away from the victim. Any violation of these terms is a new criminal charge.
Proceeding Through the Divorce Case
Any violation of the protection order could apply to the results of the divorce case. For example, if the spouse presents a continued risk to the petitioner and their child, the order is extended. If the risk is great, the court could terminate parental rights.
New Mexico divorces that involve domestic violence may require additional steps. These steps begin with the acquisition of clear evidence of these heinous acts. The petitioner may also acquire a protection order to prevent additional injuries. Petitioners who need help or protection should contact a Divorce Attorney Albuquerque NM through The Carter & Valle Law Firm or click here for further details.
