Domestic violence is defined as an abusive act that is committed between family and household members. The law prevents any one from committing battery or assault against any member of his or her own family. That includes spouses, parents, grandparents, in-laws, and children. Even girlfriends, boyfriends, and former spouses are included.
However, assault and battery aren’t just the things that constitute domestic violence. Domestic abuse may also come in other forms, such as threats. Stalking, criminal trespassing, harassment, and severe emotional distress are just a few examples of domestic violence.
If you think that you’re a victim of domestic violence, the first thing that you should do is call the police. If you need immediate assistance, you should dial 911 right away. After the police have assisted you, it’s time to get yourself a good lawyer to help you protect your rights. If you live in New Mexico, a full-service family law firm in Albuquerque, NM can help.
Alarming Domestic Violence Statistics
In 2005, domestic violence happens in 26 out of 1000 families in New Mexico. With this rather high rate of domestic abuse in the state, it is only right for the government to install organizations that can provide the appropriate services. But although there may be a women’s shelter near you, its services aren’t enough to ensure that you are fully protected.
You will also need the services of a competent family attorney in Albuquerque, NM to make sure that the domestic abuse won’t happen again in your home. A lawyer can request for a protective or restraining order from the court so you can keep the offending party from stalking you, coming to your home, or being in certain proximity to you. While the order can’t physically stop the other person from doing all these things, the court could get the offending party arrested if the order is violated.
Aside from that, your lawyer will ensure you that you get temporary possession of the shared residence, as well as temporary custody of the children involved. You will also be compensated for any damage brought about by the abuse. The court may also force the retrained party to undergo counseling and impose other kinds of injunctive relief.
Domestic violence is a very serious issue, both to the victim and the offending party. These cases do not just end in a restraining order. Once brought to the court, other charges and cases could stem out of it. It is also very possible that a divorce petition will follow, which will then lead to hearings related to child custody and support, alimony, and division of property.
If you are a victim of domestic violence or if you are being charged with one, it is best that you hire a lawyer who can best represent you. Advocates New Mexico is a trusted family law firm in Albuquerque, NM with lawyers whom you can easily talk to, if ever you get entangled in cases like these.