In New Mexico, divorce cases that involve domestic violence require additional steps needed to provide the victim with protection against their attacker. These procedures prevent further criminal actions through court orders. A divorce attorney in Albuquerque, NM provides these victims with assistance and helps them navigate through their divorce case safely.
Securing Evidence of Domestic Violence
The most appropriate method of securing evidence of the domestic violence is to file a report with law enforcement. The victim must contact officers as soon as possible in order to do so, and they could take their attacker into custody immediately. The report provides evidence of these allegations and provides additional evidence to use domestic violence as a divorce ground.
Acquiring a Protection Order
A protection order is provided after clear evidence of domestic violence is submitted to the court. These orders prevent the attacker from contacting the victim. They may also prohibit the defendant from participating in specific activities such as drinking alcoholic beverages or using controlled substances. The attacker is prohibited from visiting the home of the victim and any location they visit frequently. They cannot contact the victim via electronic messaging or via telephone communications.
Reviewing Child Custody and Visitation
During the divorce case, the court may control the initial child custody and visitation arrangements. If the child is at risk, the victim may acquire custody until the formal hearing. Under these circumstances, the court may also order supervised visitation to prevent injuries or dangerous conditions.
Extending the Protection Order
After the divorce is finalized, the court evaluates the potential for additional injuries and may extend the protection order. If the victim remains at risk, the court may intervene and provide protection from their former spouse.
New Mexico divorces may require additional steps when domestic violence is present. These cases may result in extensive physical injuries or a fatality if they aren’t properly managed. For this reason, the court provides protection through a court order. Petitioners who need a divorce attorney in Albuquerque, NM should contact Carter & Valle Law Firm or visit carterlawfirm.com for more information today.
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