Are you facing a restraining order in Albuquerque, NM? Jones Criminal Defense Attorneys can help. Call us today at (505) 248 1400 for a free consultation with a knowledgeable Albuquerque restraining order lawyer. With significant experience in criminal defense, we understand the stakes of these cases and know how to navigate the legal system.
If you have questions about defending against or responding to a protection order, we’re here to help. Being arrested for violating a restraining order is a serious matter, and our firm is prepared to offer you the legal support you need.
Why Choose Jones Criminal Defense Attorneys to Help Me if I’m Arrested For Violating a Restraining Order?
Facing an arrest for violating a restraining order in Albuquerque, New Mexico, can turn your life upside down. Navigating the legal process without experienced representation is never a good idea. At Jones Criminal Defense Attorneys, we know how much is at stake for you and your future.
When you hire our Albuquerque criminal defense lawyers to represent you, you get:
- Hands-on experience with complex restraining order cases in Albuquerque
- An attorney recognized as a Super Lawyers Rising Star, and lawyers who have dedicated their careers to guiding people through difficult and life-changing legal situations
- A dedicated team focused on protecting your rights and keeping you informed at every stage
Trying to handle a criminal matter alone can lead to costly mistakes and increase the risk of severe penalties. If you need help with a legal matter, let our Albuquerque domestic violence attorneys help. Contact us today to arrange a consultation.
Overview of Restraining Orders in New Mexico
Knowing your rights and the different types of orders is important if you’ve been served with a protection order in Albuquerque. Protection orders are serious court documents. They are designed to prevent contact or further abuse between specific people. As a defendant, an order can restrict your freedom and carry tough penalties if it is violated, even by accident.
These legal orders can affect where you live, your ability to see your children, and even your job if it involves background checks. It’s also important to understand that violating a restraining order can lead to separate criminal charges, which are treated seriously in New Mexico courts. Legal representation can help you avoid missteps early in the process.
Order of Protection From Domestic Abuse
An Order of Protection from Domestic Abuse is usually issued if there are claims of abuse or threats between people who share a particular kind of relationship. You don’t have to be living together. This order affects relationships such as mothers and sons, fathers and daughters, current or former spouses, dating partners, and grandparents or grandchildren.
Even if you do not live together or see each other in person, sending messages, talking on the phone, or making any contact, having a family or dating connection might lead to an Order of Protection from Domestic Abuse. These orders can also cover cases of stalking or sexual assault, even when the other person isn’t a member of your household.
Civil Restraining Order
If the person seeking protection is not related to you and never dated you, for example, neighbors, roommates, and coworkers, a Civil Restraining Order might be requested instead. This type of order is handled through civil court rather than family court. If you are sued for a Civil Restraining Order, you probably do not share a home with the other person, and your relationship is not close.
Types and Duration of Protection Orders
These cases move quickly, and courts often act quickly once you are accused. Even if it feels sudden, try not to panic. Understanding how these orders work is essential.
Emergency Order of Protection
Sometimes, just after an incident, the police will obtain an Emergency Order of Protection from a judge on behalf of the other party. You will not appear in court for this. EPOs are designed to cover very short periods—about 72 hours or until the close of the next business day.
In most cases, a judge will keep the order in place only long enough for the protected person to request something more formal. This order can block contact and address who gets temporary custody of any children.
Temporary Protection Order
To extend protection beyond the EPO period, a Temporary Protection Order can be requested by going to the courthouse in person. This is usually granted the same day, but only based on the written statements of one side, so you may receive a temporary order before you get a chance to tell your side of the story.
Temporary orders usually last until the court schedules a permanent-order hearing, which generally happens within ten days. The court will notify you, and you should get ready to tell your side and show any evidence that protects your interests.
Permanent Protection Order
A Permanent Protection Order can only be issued after both you and the person requesting protection each get the chance to present your cases in court. Orders affecting child custody can last up to six months (though sometimes they can be extended), while limits on communication often last until the court modifies them or sets an expiration date.
What Are the Penalties for Restraining Orders in Albuquerque, New Mexico?
If you’ve been accused of violating a restraining order, it’s important to know that even a first violation carries serious consequences in New Mexico.
Misdemeanor Consequences for a First Violation
Breaking the terms of a protective order for the first time is charged as a misdemeanor. Even for a first-time violation, you could face almost a year in jail — up to 364 days — and a fine that could reach $1,000. The court often adds more requirements: you might be ordered to take part in counseling programs or pay restitution to the alleged victim.
Depending on what happened, the court can also add other charges, especially if a new crime was committed during the violation.
Repeat Violations Become Felonies
If you are accused a second time, the penalties become much more severe. A repeat offense can trigger felony charges, bringing mandatory minimum jail time of 72 hours, up to 18 months. You could also face a fine of up to $5,000.
Violating a restraining order is never a minor issue. If you’re accused, acting quickly and understanding what’s at stake is essential.
What Defenses Can Be Raised if I’m Arrested for Violating a Restraining Order?
If you are charged with violating a restraining order in Albuquerque, several defenses may help protect your rights. Facing this accusation is stressful, but it’s important to remember that there are always ways to defend yourself. Here are some potential defenses your lawyer can explore on your behalf.
Lack of Intent
One common defense is proving that the violation was not intentional. You may have violated the order by accident, such as running into the protected individual at a grocery store or public event without planning to. If you can show there was no willful contact or purposeful violation, you may not get in trouble for violating the order.
Lack of Knowledge or Lack of Proper Notice
Sometimes, a person isn’t even aware that an order has gone into effect. If you never received proper notice or paperwork from the court, you can argue you didn’t knowingly break any restrictions. A valid legal order is required — you must be properly served, and you should know about any limitations being enforced before you can be found guilty.
False Allegations or Mistaken Identity
It’s possible to defend against claims on the grounds that the violation never happened or that someone else actually committed the alleged actions. Sometimes, protected parties make reports out of anger, misunderstanding, or even as an act of retaliation. Other times, authorities confuse you with someone else.
Circumstances Beyond Your Control
Another defense can arise if the contact or violation took place out of your control. For example, if the alleged victim surprised you somewhere, tried to initiate contact, or you were not able to leave the area immediately, you may be able to explain the situation to the court. It’s important to gather any evidence that supports your explanation of what occurred — like witness testimony, texts, or location data.
Even if you are facing a restraining order violation, you have options and the right to build a defense. Make sure you speak with a criminal defense lawyer as soon as possible.
Schedule a Case Evaluation With Our Albuquerque Restraining Order Lawyers
If you are dealing with a restraining order in Albuquerque, you don’t have to handle the process alone. The experienced attorneys at Jones Criminal Defense Attorneys are ready to listen to your concerns and fight for your rights every step of the way. Legal matters involving protection orders can affect your reputation, your family, and your future in so many ways. Don’t ever think you have to face this situation on your own.
For reliable legal guidance, call us to schedule a consultation with an Albuquerque restraining order lawyer.