Is Domestic Violence Grounds for Divorce in New Mexico?
Cruel and inhumane treatment and incompatibility are some of the grounds for divorce in New Mexico. Domestic abuse can be classified as acts of cruel and inhumane treatment based on the effects that type of behavior has on a person and the entire household, and can thus be the basis for divorce in New Mexico. If domestic violence is an issue within the marriage, it is advisable to speak with an attorney to find out the best way to approach a divorce.
Will Being Accused of Domestic Violence Affect My Child Custody Rights?
If a criminal or family law court determines that you have committed acts of domestic violence, it will affect your child custody rights. If it is believed that you pose a danger to your child, the court may deny visitation or allow minimal supervised visits. This is why it is so important to get an experienced attorney involved in your case as soon as possible. Often, based upon what occurred between the parties, a counter-petition may need to be filed against the accuser.
What Is the Difference Between a Criminal Domestic Abuse Case and a Civil Domestic Abuse Case?
A criminal domestic violence case is handled by the state prosecutor. Domestic violence cases are classified as misdemeanors or felonies, depending on the severity of the actions that are being alleged. A criminal case conviction could lead to serving time in jail or prison.
In a civil domestic abuse case, the accused will have a temporary order of protection issued against him that prevents him from having contact with the accuser. Within a short period of time, the case will be set for hearing. From there your attorney will prepare you for your hearing as well as attempt to negotiate a favorable resolution for you. If it is determined that domestic abuse occurred at the hearing, however, an order of protection will be issued that can last for an indefinite period of time.