Albuquerque Restraining Order Lawyer

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As used in the Family Violence Protection Act:
A. “co-parents” means persons who have a child in common, regardless of whether they have been married or have lived together at any time;
B. “court” means the district court of the judicial district where an alleged victim of domestic abuse resides or is found;
C. “domestic abuse”:
(1) means an incident of stalking or sexual assault whether committed by a household member or not;
(2) means an incident by a household member against another household member consisting of or resulting in:
(a) physical harm;
(b) severe emotional distress;
(c) bodily injury or assault;
(d) a threat causing imminent fear of bodily injury by any household member;
(e) criminal trespass;
(f) criminal damage to property;
(g) repeatedly driving by a residence or work place;
(h) telephone harassment;
(i) harassment; or
(j) harm or threatened harm to children as set forth in this paragraph; and
(3) does not mean the use of force in self-defense or the defense of another;
D. “household member” means a spouse; former spouse; family member, including a relative, parent, present or former stepparent, present or former in-law, child or co-parent of a child; or a person with whom the petitioner has had a continuing personal relationship. Cohabitation is not necessary to be deemed a household member for purposes of this section;
E. “mutual order of protection” means an order of protection that includes provisions that protect both parties;
F. “order of protection” means an injunction or a restraining or other court order granted for the protection of a victim of domestic abuse;
G. “protected party” means a person protected by an order of protection; and
H. “restrained party” means a person who is restrained by an order of protection.

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Albuquerque

800 Lomas Blvd., NW
Suite 201
Albuquerque, NM 87102
(505) 209-3847

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4351 Jager Dr., NE
Rio Rancho, NM 87102
(505) 600-2290

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