If you are going through a divorce in the midst of a domestic violence situation, the lingering effects of the abuse—not to mention having to see your abuser in court—can further complicate the issues at hand. The very act of litigation can sometimes place you in a position to be further victimized by your spouse, former partner, or family member. Whether you are the victim of a domestic violence incident or you have been wrongly accused of committing an act of domestic violence, our Albuquerque domestic violence attorneys are well-versed in the law in order to advise you of your options. Recent changes in the Family Violence Protection Act have caused this firm to treat domestic violence situations differently than we have in the past.
Call (505) 544-5126 to schedule a consultation with one of our Albuquerque family law attorneys today.
If your domestic violence situation involves a household member, you may obtain an order of protection pursuant to the Family Violence Protection Act. If the incident did not involve a household member, you must obtain a civil restraining order. In either case, the court will prohibit contact between the perpetrator and the victim generally upon the request of the victim alone.A temporary order will be put in place for two to three weeks until the court sets a hearing where both sides will be heard. Based on the evidence presented at the hearing, the judge may or may not prohibit further contact. You should seek legal assistance from an experienced Albuquerque divorce lawyer for legal help during this time.
At Cortez & Hoskovec, LLC, we represent perpetrators who have been served an order of protection or restraining order, or victims who require an order of protection or restraining order to keep themselves and/or their children safe. Our Albuquerque family law attorneys will help you fill out the necessary paperwork, accompany you to court if that is what is needed to ensure your safety, and help you get through the process smoothly.
Contact us at (505) 544-5126 to learn more!